CRIM 330 Chapter Notes - Chapter Disclosure and Discovery: Sexual Assault
27 Apr 2017
School
Department
Course
Professor
Document Summary
Disclosure + discovery: v. stinchcombe [1991] 3 s. c. r. 326, 8 c. r. (4th) 277, 68 c. c. c. (3d) 1 (s. c. c. ) Issue: crown"s obligation to make disclosure to the defence. Area of law: disclosure + discovery, theft, fraud. Facts: s is a lawyer charged with theft + fraud. One of the crown"s witnesses gave evidence in prelim that supported the defence. The defence was denied access to statements made at trial. The crown decided not to use the statement, defence asked for it but the judge refused to provide it. Decision of court: appeal dismissed, new trial ordered. Reasons for decision: the crown is under a duty to disclose all evidence. Tactical advantage during cross-examination must be sacrificed in the interests of fairness + ascertainment of the true facts of the case: v. o"connor [1995] 4 s. c. r. 411, 44 c. r. (4th) 1, 103 c. c. c. (3d) 1 (s. c. c. ) Court: scc [lamer, j; sopinka, j; l"heureux-dube, j]
