LEGL-220 Lecture Notes - Lecture 8: New Trial, Breach (Security Exploit), Telephone Tapping
9 Nov 2017
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Crown must disclose existence of second blood sample so accused can have it analyzed by defence expert if desired. Wiretap case, accused entitled to see information that judge relied on to issue wire tap order. Crown not calling a witness who had been disclosed does not prejudice accused at trial but if witness has changed his/her story, accused entitled to both statements of the witness. Remedies for breach: failure to disclose v. failure to answer and. Failure of full answer and defence: withholding evidence is not the issue, crown only in breach when withheld evidence would have been beneficial to accused"s defence, i. e. crown breached accused"s right to a full answer and defence. Trial judge can order: an adjournment, new trial, stay of proceedings if the accused"s rights have been unalterably prejudiced. Free to go: not found not guilty or guilty.
