Today's decision in R. v. M.C., 2009 ONCA 509 illustrates the need to object at trial so as to preserve a record for appeal. It appears that Crown counsel said something quite inappropriate; but because no objection was taken the inappropriate comments did not impact the decision below. The Court writes:
4] Third, the appellant raises three comments on reasonable doubt made in closing by the Crown. Crown counsel in this court (who was not counsel at trial) candidly acknowledges that these comments should not have been made. This court has said so forcefully on many prior occasions. Indeed it would be desirable for steps to be taken to ensure that the criminal justice system has seen the last of such comments. However, where, as here, there was no objection and the comments were followed by an excellent charge on reasonable doubt, there is no reversible error.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
No comments:
Post a Comment