2 total
Pre-sentence custody on other charges credited towards sentence due to proven link with current charges.
The accused pleaded guilty to fraud exceeding $5000 and sought credit for pre-sentence custody served in another jurisdiction on other charges.
The court applied the Barnett exception, which allows credit if there is a proven link between the detention and the outstanding charges.
The court found that the accused did not seek release on the other charges in part because of the outstanding charges before this court, and the Crown opposed bail for the same reason.
The court concluded there was a sufficient link to permit the time served to be credited towards the current sentence.
The Court of Appeal held that trial judges have no general affirmative duty to inquire into an Indigenous offender's background during an application to withdraw a guilty plea.
The appellant, an Indigenous man, sought to withdraw his guilty pleas, arguing that the trial judge erred by not inquiring into the impact of his Indigenous experiences on the voluntariness of his plea, even though he had not raised this issue.
The Court of Appeal dismissed the appeal, holding that while judges have a duty to inquire into the validity of a plea if there are apparent indications of an issue, there is no general affirmative obligation to inquire into an Indigenous person's experiences affecting plea voluntariness unless specific circumstances trigger such a duty.
The court found no such circumstances in this case, and the evidence suggested the plea was voluntary.
