PROCEDURE - Pleas - Acceptance of guilty plea - Setting aside guilty plea - Voluntariness

Law360 Canada ( May 15, 2025, 1:23 PM EDT) -- Appeal by Nettleton from conviction and sentence following conviction for intimidating justice system participant and uttering threats while in custody. At the Toronto South Detention Centre (TSDC), correctional officers found threatening letters outside Nettleton’s cell addressed to the TSDC Security Deputy and to the Superior Court justice who was presiding over then-outstanding dangerous offender proceeding. Consequently, Nettleton faced charges of intimidating a justice system participant and uttering threats. During the pretrial proceedings, Nettleton expressed a willingness to plead guilty to the intimidation and threat charges, but not to a mischief charge related to property damage. However, during the arraignment, the trial judge mistakenly included the mischief charge, leading to Nettleton’s objection and the Crown’s agreement to withdraw it. Nettleton was sentenced to three years without credit for presentence custody, and ancillary orders were later imposed after sentencing without additional submissions. On appeal, Nettleton argued that his guilty pleas were involuntary and that procedural errors, including improper arraignment and the trial judge’s post-sentencing orders, warranted setting aside the pleas. The Crown conceded the arraignment error but argued it was curable and opposed the application of the Kienapple principle to stay the charges....
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