Sentences with phrase «compromises trial fairness»

[50] Regardless of the precise language used, the key point is this: abuse of process refers to Crown conduct that is egregious and seriously compromises trial fairness and / or the integrity of the justice system.

The violation of privilege compromised trial fairness and could not be remedied other than by a judicial stay.

Not exact matches

Despite the Court of Appeal's decision, the Court of Superior Justice has overturned a decision on the basis of the trial Judge's use and reliance on Google Maps — in R v Ghaleenovee, 2015 ONSC 1707, the Court referred to Calvert but concluded that where the facts are disputable, and the evidence produced by Google Maps is not put the accused or witnesses, relying on Google Maps «compromises the appearance of fairness».

First, did the interventions by the trial judge fatally compromise the appearance of the fairness of the trial?

Failing to do so compromised the fairness of the trial and resulted in a denial of natural justice.

«In my respectful view, by doing so he compromised the fairness of the trial,» wrote Goldstein of the trial judge's actions involving the Street View image.

If they would not give evidence, dangerous criminals would walk free and both society and the administration of justice would suffer; (ii) it was settled law that the paramount object had always been to do justice and that if, in order to do justice, some adaptation of ordinary procedure was called for, it should be made, so long as the overall fairness of the trial was not compromised; (iii) recent case law supported the adoption of protective measures; (iv) the Strasbourg jurisprudence, properly understood, did not condemn the use of protective measures; and (v) the defendant was protected from the risk of unfairness by the prosecutor's duty of disclosure.

First, the appellant argues that the trial judge intervened to such an extent in the examination of witnesses that the appearance of fairness in the trial was fatally compromised.

R. v. Babos, 2014 SCC 16 (34824) Two types (of abuse of process): where state conduct compromises the fairness of an accused's trial (the «main» category); where state conduct creates no threat to trial fairness but risks undermining the integrity of the judicial process (the «residual» category).

This can not be compromised... It bears reiterating that the standard for fairness is not whether the procedure is as exhaustive as a trial, but whether it gives the judge confidence that she can find the necessary facts and apply the relevant legal principles so as to resolve the dispute.»

If, in order to do justice, some adaptation of ordinary procedure is called for, it should be made, so long as the overall fairness of the trial is not compromised.

The trial judge's questions did not reach the point at which they compromised the appearance of the fairness of the trial.

Were the trial judge's repeated interventions, considered in the context of the entirety of the proceedings, sufficiently egregious to lead the reasonable observer to conclude that the appearance of impartiality had been sufficiently compromised so as to undermine the appearance of the fairness of the trial?