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I understand that when a defendant is charged with one or more crimes, one of the following outcomes almost always occurs in practice: either

1 . They plead not guilty to all charges and go to trial, or

2a. They plead guilty to all charges and bypass the trial, or

2b. They plead guilty to some charges, the prosecution agrees to drop the other charges, and they bypass the trial.

A. Is it procedurally possible for the defendant to plead guilty to all charges but still insist on going to trial anyway (e.g. if the defendant believes that the judge will impose a sentence that is fairer than any that the prosecution would agree to)? If so, does this ever actually happen?

B. Suppose that the prosecution files multiple charges, and the defendant is willing to admit guilt to some charges but not to others, but the prosecution is unwilling to settle without a conviction for certain charges for which the defendant maintains innocence. Is it procedurally possible for the defendant to plead guilty to some charges but not guilty to other charges in a trial? If so, does this ever happen?

C. If it is procedurally possible for the defendant to plead guilty to certain charges during a trial, does the jury render a verdict on those charges? Is the jury allowed to find the defendant not guilty, against the defendant's own plea? If so, does this ever happen?

Very Tiny Brain
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2 Answers2

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A. Is it procedurally possible for the defendant to plead guilty to all charges but still insist on going to trial anyway (e.g. if the defendant believes that the judge will deliver a sentence that is fairer than any that the prosecution would agree to)? If so, does this ever actually happen?

This doesn't happen. Generally, it is not procedurally possible. There could be a contested sentencing hearing at which evidence is taken, however.

B. Suppose that the prosecution files multiple multiple charges, and the defendant is willing to admit guilt to some charge but not to others, but the prosecution is unwilling to settle without a conviction for certain charges for which the defendant maintains innocence. Is it procedurally possible for the defendant to plead guilty to some charges but not guilty to other charges in a trial? I so, does this ever happen?

This can happen and does happen from time to time with some regularity. The vast majority of the time, the plea of guilty happens before the trial, not in the trial itself.

C. If it is procedurally possible for the defendant to plead guilty to certain charges during a trial, does the jury render a verdict on those charges? Is the jury allowed to find the defendant not guilty, against the defendant's own plea? If so, does this ever happen?

If a defendant pleads guilty to certain charges before or during a trial, those charges aren't given to the jury when the jury is instructed immediately before deliberating. The jury isn't given a chance to consider charges to which there has been a guilty plea prior to the jury being instructed and sent to deliberate.

I don't know what happens if a defendant tries to plead guilty to some but not all charges after the jury has started to deliberate. I suspect that the jury's verdict on those charges would not be received when deliberations are concluded and the jury announces that it has a verdict, but I have never seen legal authority directly on point regarding that scenario, which almost never happens.

ohwilleke
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It is very common for an accused to plead guilty but still contest the sentencing. By pleading guilty, the accused is consenting to the conviction without a trial. See R. v. Richard, [1996] 3 SCR 525, at para 21.

However, the conviction does not determine the sentence. It is common for there to be a contested sentencing hearing: for arguments about what a fit sentence would be, as well as evidence to establish mitigating or aggravating facts that were not admitted. See R. v. Gardiner, [1982] 2 S.C.R. 368.

Pleas are specific to each charge. The accused need not plead identically on each of the charges. See e.g. R. v. Aziz, 2023 ONSC 3999, at para 33:

At the outset of trial, the defence applied to sever the counts involving B and C from the indictment, and to proceed to trial only on the count involving A. Mr. Aziz indicated he would be entering a plea of guilty to the counts involving B and C, but would plead not guilty to sexually assaulting A.

If a plea is accepted by the court, a conviction is entered. No jury is assembled for a charge to which an accused pleads guilty.

Jen
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