Tuesday, March 18, 2014

De Jaeger - no cross on character

R. v. De Jaeger, 2014 NUCJ 07 is a very strong decision refusing a Crown application to exam on prior criminal offenses. In giving its reasons the court held:

An accused does not put his or her character into issue in circumstances where he or she is tricked into doing so by inappropriate questions raised by the Crown in cross-examination. See R v Beecham, (1921) 16 Cr App R 26 (CCA); R v Bricker, (1994) 90 CCC (3d) 268 at p.19 (ONCA), leave to appeal to the SCC refused; R v Turpin, 2005 BCSC 490.

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