Thursday, December 4, 2014

Reopening criminal trial after verdict

R. v. Sheeller, 2014 ONCA 867:

[4]          The trial judge applied the correct test in determining whether to permit the defence to reopen the trial after a verdict.  She acknowledged that she had a discretion to reopen the trial and also correctly indicated that the discretion should be exercised in limited circumstances.  The trial judge noted that the effect of the injuries on the complainant was not an issue in the trial itself and it played no part in her assessment of the evidence or her ultimate determination.  She concluded her reasons on the application to reopen with the following:

Considering the evidentiary record which was assessed at the conclusion of the trial, I am not satisfied that this additional evidence could reasonably, when taken with the other evidence adduced at trial, be expected to have affected the result.  

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