COURT OF APPEAL FOR ONTARIO
Doherty, Feldman and LaForme JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Nicole Wilson
Applicant (Appellant)
Susan Jane von Achten, for the applicant (appellant)
D. Calderwood, for the respondent
Heard: June 7, 2012
On appeal from the conviction entered on November 4, 2009 and the sentence imposed on November 4, 2009 by Justice Douglas of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1The appellant was convicted on her guilty pleas on three charges of fraud.
2She appeals the conviction seeking to withdraw the guilty pleas.
3An appellant carries a heavy burden when seeking to withdraw guilty pleas on appeal.
4Nothing in the transcripts of the guilty pleas (entered twice) affords any support for the motion to withdraw the pleas.
5The appellant’s affidavit offers no basis upon which we could find that she has a potential defence. Her alleged “duress”, while no doubt capable of explaining and mitigating her conduct, could not provide a defence of duress as defined in s. 17 of the Criminal Code.
6We see no reason to interfere with the convictions. The appeal is dismissed.