R v Carkeet

The appellant, Carkeet, appealed against his conviction and sentence after pleading guilty to multiple charges during a bulk arraignment. Another individual later confessed to one of the offences, leading the Crown to concede that the appellant was not the actual perpetrator. The appellant sought to set aside his guilty plea and conviction for this specific count, arguing that new evidence warranted a reconsideration of his plea. The court had to determine whether the fresh evidence of the other conviction should be considered and if the conviction should be set aside despite the appellant's voluntary plea of guilt.

The legal issues before the court were twofold. First, whether the new evidence of another person's admission to the offence could be admitted and considered. Second, if the appellant's conviction should be set aside despite his plea of guilty being free and voluntary, given the Crown's concession that he was not the perpetrator. The court needed to balance the appellant's right to a fair trial with the finality of pleas entered voluntarily in court.

The court found that the fresh evidence was admissible and that the appellant's conviction should be set aside. The court reasoned that the voluntary nature of the plea did not preclude reconsideration when the Crown admitted the appellant was not the perpetrator. The court held that justice required the appellant's plea and conviction to be set aside on the contested count. However, the sentences for the other offences remained unaffected. The court granted the necessary extensions of time for the appellant to appeal against his conviction and sentence and to apply for leave to appeal against his sentence.

The final orders of the court were to grant the necessary extensions of time for the appellant to proceed with his appeals. The court allowed the appeal, set aside the appellant's plea of guilty to the contested count, and set aside the corresponding conviction and sentence. The sentences for the other offences were to remain undisturbed.