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Guilty plea can't be withdrawn
A Supreme Court judge has ruled against a Langley man who wanted to withdraw his guilty plea for owning an illegal and loaded gun.
On May 29 in New Westminster, Justice Kenneth Ball ruled that Tyler Jay O’Neill could not withdraw his guilty plea, which carries a mandatory minimum jail sentence.
O’Neill’s lawyer argued that he wasn’t given proper legal advice prior to entering the plea and wasn’t provided proper disclosure of all documents.
In June 2010, Langley RCMP executed search warrants on four properties in Langley and Surrey, including O’Neill’s on 44 Avenue in Brookswood.
He lived there with his wife, and their one-year-old and eight-week old children.
RCMP found a grow operation of 392 plants in the basement.
During the search, they seized a safe. Inside the locked safe was a fully-loaded revolver. O’Neill said it was a gift from his father when he turned 16.
O’Neill pleaded guilty in September 2013 to possession of an illegal firearm and the Crown dropped the charges in relation to the grow operation.
Ball rejected O’Neill’s request, deciding that he was represented by experienced counsel and there is no reason given for the courts to allow him to withdraw his plea.