Cite as: R. v. Burke, 1970 NSCA 9 1970 s. C. No. l52J) IN mE SUmEl-1E COill\T OF NOVA SCOTIA APPEAL DIVISION BE'1WEEN: HER w\JESTY mE QUEEN Resporiient - and JOHN RomRT BURKE Appellant McKINNON I C.J.N.S.: The Court notes the following excerpt from the report of the learned. Judge of the Magi strate's Court. "I felt that his only hope of getting straightened out we.s to sentence him to penitentiary with the hope that he migl'rt learn a trade there." The appellant entered a plea of guilty before the learned Judge in the Magistrate's Court and later signed a waiver at his r1@1t of appeaL thder these circumstances, the Court should have before .it Borne ev:l.dence to show that 'When the plea was entered and the wa!ver nigned, the appellant was unaware of the effect of his plea Ql1d waiver, and that he did not 1ntem to admit guilt or 'Waiw his right of appeal under the circwnstances as they appeured to M.m. The record bere does not disclos~ that the appellant was umer such a misapprehension and, therefore, it 10 the opi.mon of the Court that leave to appeal should be denied and the sentence e;iven 1 ..
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in the Court below eonfirmed. DATED at Halifax, Nova Scotia, this 16th day of June, A. D., 19lO. Members of Appeal Div,.sion present McKinnon, C.J.N.S. Cof'fin, J.A. Cooper, J.A. Counsel N. R. Anderson, Esq... for Resporrlent 2
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