Court of Appeal for Ontario
Date: 2019-07-10 Docket: C66598 Judges: Rouleau, Tulloch and Fairburn JJ.A.
Between
Her Majesty the Queen Respondent
and
Laila Bhagwandat Appellant
Counsel
Laila Bhagwandat, self-represented
Nathan Gorham, duty counsel
Michael Fawcett, for the respondent
Heard
July 8, 2019
On Appeal
On appeal from the conviction entered on January 11, 2019 and the sentence imposed on February 8, 2019 by Justice K.E.M. Moore of the Ontario Court of Justice.
Appeal Book Endorsement
[1] The appellant seeks to set aside a guilty plea on three counts. There was no plea enquiry conducted. The facts were not read in. The police synopsis was filed as an exhibit with defence counsel advising the court that the synopsis had been reviewed with the appellant and that she "indicated … that you can rely on those facts." When the matter returned for sentencing, the PSR revealed that the appellant did not accept the facts and disputed her guilt. The PSR also made clear that the appellant suffered from a form of mental disorder, a fact acknowledged here and below.
[2] At sentencing, the sentencing judge was alive to the difficulties raised by the PSR. She asked the appellant if she acknowledged the facts set out in the synopsis and the appellant responded that she did. The sentencing judge then asked the appellant if she accepted responsibility and she responded that she did.
[3] The difficulty, however, is that because of the way the plea unfolded, it is not clear what the appellant was accepting responsibility for. There had been no plea enquiry and there were mental health issues at play. Indeed, it appears that the sentencing judge expressed reservation as to the appellant's acceptance of responsibility. In her reasons she said "I was going to say you accepted responsibility, but I am still not satisfied that you have in fact, although you have said the words today".
[4] In light of these circumstances, we are satisfied that the plea was not unequivocal. As a result, we set aside the conviction and order a new trial.