The appellant, Wing Cheung, appealed his conviction for driving while holding or using a hand-held device, seeking to strike his guilty plea.
He argued that the prosecutor failed to provide advice and the court did not conduct a plea inquiry, particularly regarding potential insurance consequences.
The court found that prosecutors are not obligated to provide legal advice or inform about private collateral consequences like insurance.
The plea was voluntary and unequivocal, and the failure to conduct a s. 45 Provincial Offences Act inquiry does not invalidate the plea.
The appeal was dismissed.
