Guilty plea set aside on appeal

R v Gordon, 2025 ONCA 201: Conviction set aside and new trial ordered where defendant believed he was getting a 6-month sentence—but actually got 2.5 years.

An important case about the fundamentally subjective nature of guilty pleas. To be fully informed, the accused must understand the true risks of entering the plea. Here, even though Mr. Gordon signed written instructions and conducted an open court plea inquiry accepting the risk of a higher sentence, the Court of Appeal held that he had been misled.

This case is a cautionary tale for young counsel. Judges want to resolve cases. Some will make oblique assurances in JPTs to encourage a guilty plea. Only a joint submission has the power to virtually compel the judge to adopt it. Anything else leaves the decision completely up to the judge.