Court of Appeal

Judge:

The Honourable Justice Peter M. S. Bryson

Appeal Heard:

October 4, 2018, in Halifax, Nova Scotia

Subject:

guilty plea withdrawal; uttering threats; fitness to stand trial

Summary:

Mr. MacPherson pleaded guilty to two charges of uttering threats.  He declined counsel.  He confirmed he was making his pleas freely, voluntarily and confirmed he understood the effect and consequences of doing so.  He later requested counsel for his sentencing pursuant to s. 684 of the Criminal Code.  His motion was dismissed.  Prior to sentencing, the court obtained a psychiatric opinion that the defence of not criminally responsible was unavailable to him.  He was sentenced to a total of six months incarceration for uttering threats.  Mr. MacPherson appealed, arguing his pleas should be withdrawn because he was not fit at the time of his pleas and that he should be afforded counsel for the appeal.

Issues:

1.     Should Mr. MacPherson have counsel for his appeal?

2.     Should Mr. MacPherson be permitted to withdraw his        guilty plea?

Result:

Appeal dismissed.  While experiencing a mental disability, Mr. MacPherson is a highly intelligent individual.  His s. 684 motion was dismissed.  The record and psychiatric opinions found Mr. MacPherson freely and voluntarily entered guilty pleas, knowing the effect and consequences of doing so.  The offences were made out on the record.