Wednesday, September 26, 2012

Judges must consider the trial evidence in its entirety

Judges must consider all the evidence at trial - they do not have to recite it all in their reasons but they must consider it. See today's decision in  R. v. Clouthier, 2012 ONCA 636:

   While trial judges are not required to make reference to every piece of evidence, there is a duty to consider the evidence in its entirety, not simply the evidence that inculpates the accused

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