Youssef v. R.

canada, canadian, case law, court opinion, canlii, nbca, 2026nbca87, 2026 nbca 87 (canlii), 2026, nbca, 87, (canlii), 65-25-ca, 2026, criminal and statutory offences, appeals, guilty pleas, application to withdraw guilty pleas refused, leave to appeal required under criminal code, s. 675(1)(a)(ii), presumption of validity and finality of guilty pleas considered, motion to introduce new evidence dismissed, leave to appeal allowed but appeal dismissed, evidence, appeals, fresh evidence, palmer v. the queen, whether affidavit should be admitted as new evidence on appeal, due diligence criterion not met, evidence plainly discoverable before the hearing, relevance, credibility, and effect on result assessed, motion to admit fresh evidence dismissed, procedure, hearing, witness testimony, whether the application judge improperly curtailed the accused’s opportunity to testify, record review of discussion with counsel and absence of express denial, counsel acknowledged no necessity to call the accused, no basis for miscarriage of justice, appeal dismissed, criminal and statutory offences, fraud, essential elements, criminal code, s. 380(1)(a), whether accepted facts disclosed deceit or other fraudulent means and deprivation, reliance on r. v. théroux, r. v. zlatic, and r. v. eizenga, agreed statement of facts and transactions assessed, ground of appeal dismissed, procedure, guilty pleas, withdrawal, criminal code, s. 606, whether guilty pleas were uninformed where facts were not read into the record at the plea hearing, presumption that counsel advised accused and pleas are valid, discretionary nature of withdrawal decision, appeal dismissed