Does a plea of guilty obtained by the prosecuting attorney's unfair representations in the context of an unfair representation be valid at trial?
Ontario, Canada
The following excerpt is from R. v. Baksh, 2005 CanLII 24918 (ON SC):
The situation in the United States is not dissimilar. For example, where a plea of guilty obtained by the prosecuting attorney’s unfair representations was permitted to be withdrawn by the court, that plea was not properly receivable in the subsequent trial: Kercheval v. United States, 274 U.S. 220 (1927), at pp. 223-4. In other words, where good cause has been shown founding discretion for withdrawal or striking of the guilty plea, the subsequent use of the plea would effectively nullify the original justification for its elimination as a judicial admission.
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