Court of Appeal for Ontario

Citation: R. v. Nettleton, 2012 ONCA 521 Date: 2012-07-31 Docket: C50310

Judges: Doherty, Watt and Pepall JJ.A.

Between:

Her Majesty the Queen Respondent

and

Caleb Nettleton Appellant

Counsel: Alison Craig, for the appellant Michael Bernstein, for the respondent

Heard: July 30, 2012

On appeal from the conviction entered on April 9, 2008 and the sentence imposed on April 9, 2008 by Justice Charles H. Vaillancourt of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] The trial record offers no basis upon which to doubt the validity of the plea. The suggestion that the appellant suffered from some form of mental disorder that would benefit from treatment does not standing alone invalidate the plea.

[2] The trial judge made the necessary inquiries to satisfy himself that the appellant had made an informed and voluntary choice to plead guilty for reasons that from the appellant’s perspective were justified. The entirety of the record does not support the suggestion that the appellant equivocated in his plea.

[3] We have considered the fresh evidence. On the record as it finally stands on appeal, there is no affidavit from the appellant and no expert evidence to suggest that the mass of medical records could assist in determining the appellant’s state of mind when he chose to plead guilty. Nor do references in police notes constitute evidence that the events referred to in the notes actually occurred. The fresh evidence does not assist the appellant in demonstrating that the plea was not voluntary, informed or unequivocal.

[4] The appeal is dismissed.