Seth P. Weinstein

The appellant pleaded guilty to assaulting his former girlfriend with a machete.

Prior to sentencing, he brought a motion to strike his guilty plea, claiming he was confused and did not understand the proceedings.

The trial judge dismissed the motion, finding that the appellant comprehended the plea and inferring that his trial counsel had properly ensured he understood its nature and consequences.

The Court of Appeal upheld the trial judge's decision, noting that a guilty plea entered by a represented accused is presumed valid and the appellant failed to discharge the onus of proving otherwise.

The appellant appealed his sentence for possession of stolen property and other offences.

At trial, the Crown sought a 12-month sentence, but the trial judge imposed a significantly longer sentence without providing reasons.

The Court of Appeal noted the appellant's youth, early guilty plea, history of childhood abuse, and pretrial custody.

The appeal was allowed, and the sentence was varied to 18 months' imprisonment, accomplished by reducing the sentence for possession of stolen property to five months concurrent.