Tuesday, May 7, 2013

Crown may not refuse stipulations to gain tactical advantage

R v. Procter (1991), 11 C.R. (4th) 200, 69 C.C.C. (3d) 436 (Man. C.A.) is a useful source for the proposition that the Crown may not refuse stipulations for the purpose of gaining a tactical advantage:

The Criminal Code contains provision enabling an accused person to admit facts for the purpose of dispensing with proof of them.  Whilst it is true that such admissions must first be accepted by the Crown (Castellani v. The Queen, [1970] S.C.R. 310), I do not think the Crown is entitled to refuse acceptance where its purpose in doing so is to keep an issue alive artificially.  In my opinion, evidence which shows the accused to have committed another crime of moral turpitude should not ordinarily be admitted where its only relevance is to an issue which the accused does not dispute.  The accused must, of course, make all necessary admissions.  But, if the accused is willing to make them, the Crown should not be allowed to gain entry for prejudicial evidence by refusing to accept the admissions.

(Thanks to Yossi Schochet for pointing out this very helpful case)


Anonymous said...

Hi, I think your website might be having browser compatibility issues.
When I look at your blog site in Ie, it looks fine but when opening in Internet Explorer, it has some overlapping.
I just wanted to give you a quick heads up!
Other then that, amazing blog!

Here is my homepage :: Herbal Party Pills

Anonymous said...

Wow that wаs unusuаl. І just wrоte an
extremely lοng cοmment but after I сlіcked submіt my comment ԁiԁn't appear. Grrrr... well I'm not
writing all that over аgaіn. Anyways, juѕt wanted to ѕay ωonderful blοg!

Hеre is my wеbsite :: Legal ecstasy