R. v. Stokes, 2019 NLCA 62

Wilson Stokes (applicant/appellant) v. Her Majesty the Queen (respondent) (19/73) Indexed As: R. v. Stokes 2019 NLCA 62 5 C.A.N.L.R. 74 Court of Appeal of Newfoundland and Labrador Welsh J.A. September 24, 2019

Summary: Wilson Stokes pleaded guilty to and was convicted of robbery, two counts of uttering a threat to cause death or bodily harm, breach of a recognizance, assault with a weapon, and assault. Mr. Stokes was sentenced to a total of fours years imprisonment. Mr. Stokes applied for an extension of time to a file a notice of appeal against the conviction for robbery. Held: Application denied. Welsh J.A.: Mr. Stokes offered no reasonable grounds for an appeal. He had accepted the plea bargain offered by the Crown, which resulted in a significant reduction in sentence.

He voluntarily admitted, in writing, that he had committed each offence. He was advised regarding the conditions under which the judge would accept the plea ( section 606(1.1) of the Criminal Code ) (paragraphs 1-4). Statutes considered: Criminal Code , section 606(1.1) Counsel: Appearing on his own behalf, the applicant/appellant; Dana E. Sullivan, for the respondent. The application was heard on September 24, 2019 before Welsh J.A.

The following judgment was filed on September 24, 2019 by Welsh J.A. ______________________________________________________________ Welsh J.A. [ 1 ] On March 7, 2018, Wilson Stokes pleaded guilty to and was convicted of robbery, two counts of uttering a threat to cause death or bodily harm, breach of a recognizance, assault with a weapon, and assault. He was sentenced to a total of four years imprisonment. He applies for an extension of time to file a notice of appeal against the conviction for robbery on the basis that the victim, whom he knows, told him that he had lied about Mr.

Stokes being the robber. [ 2 ] Mr. Stokes’ reliance on a possible change in the victim’s story is not of assistance to him. Because Mr. Stokes pleaded guilty to the charge and admitted all the elements of the offence in the agreed statement of facts on which the conviction was based, no witnesses, including the victim of the robbery, were required to give evidence. In the circumstances, the trial judge properly relied on Mr. Stokes’ admission that he had committed the robbery. There was no error. [ 3 ] When he accepted the plea bargain offered by the Crown, Mr.

Stokes, who took advantage of a significant reduction in sentence, voluntarily admitted, in writing, that he had committed each offence, including the robbery. He was advised regarding the conditions for

accepting a guilty plea pursuant to section 606(1.1) of the Criminal Code , which provides: A court may accept a plea of guilty only if it is satisfied that the accused (

a) is making the plea voluntarily; and (

b) understands (

i) that the plea is an admission of the essential elements of the offence, (ii) the nature and consequences of the plea, and (iii) that the court is not bound by any agreement made between the accused and the prosecutor. [ 4 ] In the result, I am satisfied that there is no merit to Mr. Stokes’ appeal. Accordingly, the application for an extension of time to file a notice of appeal is dismissed. Application denied.