DATE: 20050318

DOCKET: C41576

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – GERARD MEADE (Appellant)

BEFORE:

SHARPE, SIMMONS AND LAFORME JJ.A.

COUNSEL:

Scott Reid

for the appellant

Amy Alyea

for the Crown respondent

HEARD & RELEASED ORALLY:

March 15, 2005

On appeal from the conviction by Justice H. Keenan of the Superior Court of Justice dated August 25, 2003 and from the sentence imposed by Justice H. Keenan dated August 25, 2003.

E N D O R S E M E N T

[1] The appellant pleaded guilty to uttering a death threat and was sentenced to one day in prison and two years probation in addition to seven months and 22 days pre-trial custody. The appellant now seeks to withdraw his guilty plea and to appeal his conviction on the basis that he was pressured and directed by his counsel to plead guilty and was misled by her as to the consequences of his guilty plea. In the alternative, the appellant seeks leave to appeal the sentence imposed.

[2] We would not give effect to the appellant’s appeal against conviction. In cross-examination the appellant acknowledged that he agreed to plead guilty based on his belief that he would be sentenced to one further day of imprisonment and be released by immigration authorities within 48 hours and that he would have been content had that been the outcome. In our view, this evidence undermines the appellant’s specific assertion that his plea was coerced, as well as his overall credibility. Moreover, particularly in the context of the appellant’s evidence concerning the prior plea negotiations, the appellant’s assertion that on the day he pleaded guilty he did not understand that he was charged with a criminal offence or that pleading guilty would result in a criminal conviction is simply incredible.

[3] To be valid a guilty plea must be voluntary, unequivocal and informed. On the record before us the appellant has not established that his plea was invalid. The appellant’s application to set aside his guilty plea and his appeal from conviction are therefore dismissed.

[4] The appellant’s appeal from the custodial portion of his sentence is moot. Further, given that the sentencing judge was presented with a joint submission, we are not satisfied that the sentencing judge made any error in principle or that the sentence was unfit. Accordingly, leave to appeal sentence is granted, but the sentence appeal is dismissed.

“Robert J. Sharpe J.A.”

“Janet Simmons J.A.”

“H. S. LaForme J.A.”