The appellant appealed his conviction and sentence for criminal harassment, arguing his guilty plea was not informed.
He believed there was a joint submission on sentence that would spare him a criminal record, confusing an agreement on facts with an agreement on sentence.
Applying the framework from R. v. Wong, the Superior Court of Justice found the appellant established a reasonable probability he would have opted for a trial had he known he risked a criminal record.
The appeal was allowed, the conviction quashed, and a new trial ordered.
