CRM 308 Lecture Notes - Lecture 4: Canadian Bar Association
Document Summary
"an agreement by the accused to plead guilty in return for the prosecutor"s agreeing to take or refrain from taking a particular course of action" Can take place at different points in process. Controversial "behind the scenes" negotiations call into question our presumption of innocence. Few formal rules governing the process of plea bargaining. Difference between accepting the plea agreement and pleading guilty. End in a joint submission : presenting the plea to a judge. V sinclair: grounds for departing from a joint submission. Balance the fitness of sentence and public interest. R. s. c. , 1985, c c-46 s. 606(1) - pleas permitted. Made without coercion or circumstances that deprive the accused from free will. Accused understands the nature of the charge, legal effect of plea, and consequences. Continues to be defined by case law ( eg, r. v. turner, r. v. lyons, r. v. power: wong: withdrawing of guilty plea.
