This is an appeal where the accused, Mr. Glaspy, seeks to overturn his guilty pleas in order to have a new trial ordered. The accused was charged with failing to provide food, water, shelter or care to a dog in his possession or care contrary to section 18(2) of the Society for the Prevention of Cruelty to Animals Act, S.N.B. 1997 c. S-12.
The dog was seized when two animal control officers responded to a complaint by a neighbour and found a small dog in a kennel inside an SUV, without food or water, on Mr. Glaspy’s residence.
On September 10, 2008 Mr. Glaspy pled not guilty on September 10, 2008, however, on December 2, 2008, Mr. Glaspy signed a Plea of Guilty Form under the Provincial Offences Procedure Act, S.N.B. 1987 c. P-22.1.
The accused now says he only left his dog in the cage for fifteen minutes and now wants a trial.
In R. v Desmond  N.S.J. No.85 (NSCA) the Court stated: A judge has a discretion to strike a guilty plea where the facts indicate the possibility that the accused is not guilty, had no intention to plead guilty or there is a misapprehension of facts amounting to guilt.
In this specific case, the judge found that there was no valid grounds presented by Mr. Glaspy for permitting him to change his plea and so dismissed the appeal.
Source: Case Law
Jurisdiction: New Brunswick