What is the effect of a change of guilty plea in a sexual assault case?

Newfoundland and Labrador, Canada


The following excerpt is from R. v. Mahoney, 2000 NFCA 62 (CanLII):

As to the changing of the appellant’s guilty plea, in Adgey v. The Queen, 1973 CanLII 37 (SCC), [1975] 2 S.C.R. 426, Laskin J. stated: A plea of guilty carries an admission that the accused so pleading has committed the crime charged and a consent to a conviction being entered without any trial. The accused by such a plea relieves the Crown of the burden to prove guilt beyond a reasonable doubt, abandons his non-compellability as a witness and his right to remain silent and surrenders his right to offer full answer and defence to a charge. It is important, therefore, that the plea be made voluntarily and upon a full understanding of the nature of the charge and its consequences and that it be unequivocal. In these respects, representation by counsel is an important consideration; but since the plea is that of the accused and not of his counsel, a trial Judge should still satisfy himself of the matters above mentioned.

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