Failure by trial judge to take steps to compel witness to answer question could not have had effect on verdict

Supreme court | Criminal Law | Appeals | Appeal from conviction or acquittal

Accused was convicted at trial of attempted murder, uttering death threat and break and enter while committing attempted murder. Appeal was allowed on basis that trial judge’s refusal to take further steps to elicit answer from witness was error of law. Crown appealed. Appeal allowed. Trial judge did not err in manner in which he addressed witness’ refusal to answer question. While it was open to trial judge to attempt to elicit answer from witness, it was proper exercise of discretion to continue with main proceedings and leave issue of potential contempt for another time. Even if trial judge committed error, this did not result in substantial wrong or miscarriage of justice. Failure by trial judge to take further steps to compel witness to answer question could not have had effect on verdict.

R. v. Normore (2018), 2018 CarswellNfld 382, 2018 CarswellNfld 383, 2018 SCC 42, 2018 CSC 42, Wagner C.J.C., Abella J., Côté J., Rowe J., and Martin J. (S.C.C.); reversed (2018), 2018 CarswellNfld 45, 2018 NLCA 10, C.W. White J.A., M.F. Harrington J.A., and L.R. Hoegg J.A. (N.L. C.A.).

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Working from home not so popular with Law Times readers

Recent cases highlight issues with arbitration in Ontario

AG appoints Marie Hubbard as interim associate chairwoman of LPAT

Juristes Power Law welcomes new lawyer

International group of firms help secure new home for Peppa Pig

Appeal shows power of physical exhibits in IP, says lawyer

Most Read Articles

Law Society of Ontario names new equity and Indigenous affairs committee members

Law professor Ryan Alford granted standing in national security law challenge

Amid enactment of sweeping law enforcement Bill C-75, LSO seeks status quo for students, paralegals

LSO must stand up for racialized licensees, says prospective returning bencher