R. v. Krzehlik (K.), (2015) 330 O.A.C. 102 (CA)

• Judge: Weiler, Watt and Epstein, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: January 20, 2015
• Jurisdiction: Ontario
• Citations: (2015), 330 O.A.C. 102 (CA);2015 ONCA 168

R. v. Krzehlik (K.) (2015), 330 O.A.C. 102 (CA)

MLB headnote and full text

Temp. Cite: [2015] O.A.C. TBEd. MR.020

Her Majesty the Queen (respondent) v. Klaudius Krzehlik (appellant)

(C55973; 2015 ONCA 168)

Indexed As: R. v. Krzehlik (K.)

Ontario Court of Appeal

Weiler, Watt and Epstein, JJ.A.

January 20, 2015.

Summary:

The 65 year old accused with no criminal record was arrested on a Thursday for nine domestic violence offences. He spent Thursday night in a cell and was held in a remand centre over the weekend. On Monday, he told duty counsel that he was innocent. Duty counsel advised that bail would be opposed. The accused told duty counsel that he wanted to plead guilty. Duty counsel withdrew. While unrepresented, the accused pled guilty to two offences and was sentenced. On appeal, he sought to set aside the guilty pleas.

The Ontario Court of Appeal dismissed the appeal.

Criminal Law - Topic 4220.1

Procedure - Pleas - Whether voluntary - [See second Criminal Law - Topic 4233 ].

Criminal Law - Topic 4229

Procedure - Pleas - Guilty plea - Variation of conviction on appeal - On appeal from his convictions, an accused sought to set aside his guilty pleas - The Ontario Court of Appeal stated, "Notwithstanding his guilty pleas, the appellant is entitled to appeal his convictions. Where valid grounds exist for doing so, an appellate court will permit the withdrawal of the plea and quash the consequent conviction ... A guilty plea may be found invalid if it was not voluntary, unequivocal, and informed, or if the circumstances that led to the guilty plea demonstrate that a miscarriage of justice occurred. ... The accused has the onus to show that the plea was invalid on a balance of probabilities" - See paragraphs 26 and 27.

Criminal Law - Topic 4233

Procedure - Pleas - Guilty plea - Expungement or setting aside - The 65 year old accused with no criminal record was arrested on a Thursday for nine domestic violence offences - He spent Thursday night in a cell and was held in a remand centre over the weekend - On Monday, he told duty counsel that he was innocent - Duty counsel advised that bail would be opposed - The accused told duty counsel that he wanted to plead guilty - Duty counsel withdrew - While unrepresented, the accused pled guilty to two offences and was sentenced - On appeal, he sought to set aside the guilty pleas, asserting that he had misled the court and that he had been deprived of conscious choice due to his age, poor health, lack of food and sleep and the stress and trauma of a weekend in jail - The Ontario Court of Appeal dismissed the appeal - The pleas were not equivocal - While there was some initial "waffling", the accused made unequivocal admissions to facts that supported the offences to which he pled guilty - The pleas were not qualified, modified or uncertain - See paragraphs 28 to 33.

Criminal Law - Topic 4233

Procedure - Pleas - Guilty plea - Expungement or setting aside - The 65 year old accused with no criminal record was arrested on a Thursday for nine domestic violence offences - He spent Thursday night in a cell and was held in a remand centre over the weekend - On Monday, he told duty counsel that he was innocent - Duty counsel advised that bail would be opposed - The accused told duty counsel that he wanted to plead guilty - Duty counsel withdrew - While unrepresented, the accused pled guilty to two offences and was sentenced - On appeal, he sought to set aside the guilty pleas, asserting that he had misled the court and that he had been deprived of conscious choice due to his age, poor health, lack of food and sleep and the stress and trauma of a weekend in jail - The Ontario Court of Appeal dismissed the appeal - The pleas were voluntary and informed - The transcripts indicated that the accused had understood what was taking place - The stress that he had experienced did not rise to such a level that it impaired his ability to make a conscious choice - Finally, the accused had admitted that this was part of a scheme to get out of jail - The accused could not be allowed to manipulate the system to serve his own purposes - See paragraphs 34 to 39.

Cases Noticed:

R. v. R.T. (1992), 58 O.A.C. 81; 10 O.R. (3d) 514 (C.A.), refd to. [para. 5].

R. v. Palmer, [1980] 1 S.C.R. 759; 30 N.R. 181, refd to. [para. 5].

R. v. Rajaeefard (A.R.) (1996), 87 O.A.C. 356; 104 C.C.C.(3d) 225 (C.A.), refd to. [para. 5].

Adgey v. R., [1975] 2 S.C.R. 426, refd to. [para. 26].

R. v. Kumar (D.) (2011), 273 O.A.C. 130; 268 C.C.C.(3d) 369; 2011 ONCA 120, refd to. [para. 26].

R. v. Easterbrook (C.R.), [2005] O.A.C. Uned. 211; 65 W.C.B.(2d) 2 (C.A.), refd to. [para. 26].

R. v. Carty (R.) (2010), 260 O.A.C. 187; 253 C.C.C.(3d) 469; 2010 ONCA 237, refd to. [para. 35].

R. v. Moser (G.A.), [2002] O.T.C. 119; 163 C.C.C.(3d) 286 (Sup. Ct.), refd to. [para. 39].

R. v. Gurney, [2001] O.J. No. 2227 (C.A.), refd to. [para. 39].

Counsel:

Joseph Di Luca, for the appellant;

Michael Perlin, for the respondent.

This appeal was heard and determined on January 20, 2015, by Weiler, Watt and Epstein, JJ.A., of the Ontario Court of Appeal. On March 16, 2015, Epstein, J.A., delivered the following reasons for judgment for the court.