R. v. Singh (N.), (2015) 369 B.C.A.C. 194 (CA)

• Judge: Bauman, C.J.B.C., Lowry and Goepel, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: March 04, 2015
• Jurisdiction: British Columbia
• Citations: (2015), 369 B.C.A.C. 194 (CA);2015 BCCA 123

R. v. Singh (N.) (2015), 369 B.C.A.C. 194 (CA);

    634 W.A.C. 194

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. MR.052

Regina (respondent) v. Ninderjit Singh (appellant)

(CA040886; 2015 BCCA 123)

Indexed As: R. v. Singh (N.)

British Columbia Court of Appeal

Bauman, C.J.B.C., Lowry and Goepel, JJ.A.

March 20, 2015.

Summary:

The accused was charged with the first degree murder of the young woman with whom he had been in a relationship. He evaded detection in California for some 12.5 years before being captured and returned to Canada. On the eve of trial, he pleaded guilty to second degree murder. He was sentenced to life imprisonment with parole ineligibility for 16 years. He appealed his sentence. Thereafter, he filed an amended notice of appeal, seeking to withdraw his guilty plea and have a new trial on second degree murder. He asserted that the trial judge erred by not making an adequate inquiry before accepting the plea and in accepting the plea in the circumstances. Further, he asserted that the plea was invalid because it was not voluntary, not informed and not unequivocal. In support of the appeal, he applied to adduce fresh evidence in the form of affidavits sworn by him and his uncle. The Crown commenced applications to introduce fresh evidence in the form of an affidavit from the accused's trial counsel.

The British Columbia Court of Appeal, in a decision reported at 361 B.C.A.C. 176; 619 W.A.C. 176, allowed the applications to adduce fresh evidence for the limited purpose of assessing the validity of the guilty plea. The court rejected the accused's assertions and dismissed the appeal. Even if the accused had demonstrated that some error had occurred in the entering of the guilty pleas, the court would have dismissed the appeal where there was no miscarriage of justice. He had not established a valid defence and, in all probability, he would have been convicted of first degree murder. The accused appealed the sentence.

The British Columbia Court of Appeal dismissed the appeal.

Criminal Law - Topic 5670

Punishments (sentence) - Imprisonment and parole - Parole - Period of ineligibility - See paragraphs 1 to 6.

Criminal Law - Topic 5881

Sentence - Murder - See paragraphs 1 to 6.

Counsel:

A. Singh, for the appellant;

M.J. Brundrett and J. Caldwell, for the respondent.

This appeal was heard at Vancouver, British Columbia, on March 4, 2015, by Bauman, C.J.B.C., Lowry and Goepel, JJ.A., of the British Columbia Court of Appeal. Bauman, C.J.B.C., delivered the following reasons for judgment for the court on March 20, 2015.