Where a plea of guilty is entered, but there is a dispute regarding matters beyond the essential elements of the offence, such as the extent of a victim’s injuries or the amount of compensation sought for property damage, those issues must be resolved by a contested hearing. For instance, a property owner may assert an excessive cost for repairs.

In such cases, the legal representative should inform the court that the plea is “a plea of guilty with a dispute as to the facts.” If the prosecution seeks to rely on disputed facts, typically on the basis that they are aggravating, the defence must adduce evidence to challenge those assertions.

The prosecution bears the onus of proving any aggravating circumstances beyond reasonable doubt.

Where a factual dispute arises, the matter will be adjourned to allow relevant witnesses to give evidence. The magistrate will then determine, on the available evidence, whether the prosecution has discharged its burden. Once the factual issues are resolved, the sentencing proceedings will resume.

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Mark Racca

Principal Solicitor & Director
LLB, GradDipLegPrac, MPA

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