The Guilty Plea: Too Little, Too Late
There are a number of reasons
why a court will accept a guilty plea as a mitigating factor on sentence:
· A guilty plea may be an expression of remorse and an
acceptance of responsibility;
· A guilty plea may save the justice system the time and
expense of a trial, and
· A guilty plea may provide a degree of finality from the
perspective of the victims which would not exist without the plea.
A plea of guilt does not entitle an offender to a set
standard of mitigation. The amount of credit a guilty plea attracts will vary
in each case.
R.
v. F.H.L., 2018 ONCA 83, at para. 22
[guilty plea did not
deserve any weight as a mitigating factor].
The effect of a guilty plea in setting the appropriate
sentence will vary with the circumstances of each case. In some cases, a guilty
plea is a demonstration of remorse and a positive first step towards
rehabilitation. In other cases, a guilty plea is simply a recognition of the
inevitable.
R. v. Faulds (1994),
20 O.R. (3d) 13 (ONCA.), at para. 14;
R. v. Carreira,
2015 ONCA 639, 337 O.A.C. 396, at para. 15.
Therefore, where there are triable issues and a guilty
plea is being made nonetheless, counsel should state as much. A very brief
account of what those triable issues are adds credence to the claim.
Stuart O’Connell, O’Connell
Law Group, www.leadersinlaw.ca
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