An applicant seeking to set aside a guilty plea on the basis of fresh evidence must first establish that the plea itself was not entered freely and with understanding; the mere existence of fresh evidence going to guilt is insufficient where the plea was validly entered. The absence of the applicant's own affidavit evidence is a significant deficiency in such an application. R v Carkeet is confined to cases where the fresh evidence demonstrates beyond reasonable doubt that the applicant was not guilty.
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