Can an accused change his plea in a sexual assault case?
Alberta, Canada
The following excerpt is from R. v. Denny, 2007 ABQB 709 (CanLII):
An accused may be allowed to change his plea if he can satisfy the court “that there are valid grounds for his being permitted to do so.” Factors to consider include whether: (1) the accused did not understand the nature of the charge before pleading; or (2) the accused did not unequivocally plead guilty to the charge as properly understood; or (3) the accused, on the facts offered in support of the charge, could not in law have been convicted of the offence charged (Adgey v. The Queen (1973), 1973 CanLII 37 (SCC), 13 C.C.C. (2d) 177 (S.C.C.) at p. 189).
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