Sentences with phrase «defence witness»

We will carefully evaluate the evidence, explain your options, and prepare you and other defence witnesses for trial.

This may be adduced through the cross-examination of Crown witnesses or through the calling of defence witnesses.

Defence lawyer Joseph Neuberger prepared a detailed cross-examination of the complainant along with taking statements from two crucial defence witnesses who were to testify at trial.

In the original case, the judge had directed that the defence should disclose to the Crown Prosecution Service the names, addresses and dates of birth of all potential defence witnesses in connection with the claimant's forthcoming trial.

Although there are factual distinctions between Smuk and Archer, the two cases do seem to suggest two different approaches to the order of calling defence witnesses.

Crown counsel persistently cross-examined defence witnesses on the defendant's use of his belt to discipline his children despite the fact that the defendant was not charged with assaulting any of his children with a belt.

In addition the defence obtained defence witness statements undermining the stories of the Crown witnesses.

Hinkson, who rarely sees more than one or two non-whites on a jury, says that jurors, who are not «culturally sensitive to a racialized person's experience,» are likely to look upon defence witnesses with «undue scrutiny.»

Doyin Okupe, the erstwhile Senior Special Assistant to former President Goodluck Jonathan, on Wednesday, appeared as the third defence witness (DW3) for Olisa Metuh, the embattled...

When the wife of the accused was offered as the first defence witness, the Crown objected and the trial Judge «ruled that the appellant should testify first.»

Further, BBC Radio 4 even made an extraordinarily wrong - headed documentary about how this had all been a storm in a tea - cup, in which the chief defence witness was none other than far - left journalist Seumas Milne.

During a break from cross-examining a key defence witness, the Crown attorney made a long distance call in the courtroom to verify the witness's claim with her family member in India, a man named Parminder.

It is my view that the law is correctly stated in both the Smuk case and the Angelantoni case and that no special rule applies to the order in which defence witnesses may be called where the defence is alibi.

30 Although defence counsel may well run the risk of having evidence of an accused viewed as tainted when testifying after hearing other defence witnesses testify, I do not in this case find that Mr. Pasloski's evidence should be so characterized.

After referring to the fact that the appellant had been called as the last defence witness, the trial judge said: It makes her evidence useless or shall we say I would give little weight to that fact... I give very little weight to the accused's evidence.

A court does not have the power to order the defence to serve details identifying defence witnesses under the guise of the Criminal Procedure Rules 2005 (CrimPR), the High Court has ruled.

Dr. Jennett and Dr. Teasdale, do not anywhere in The Management of Head Injuries, refer to [defence witness»] preferred method of recording the GCS score for intubated patients.

After a three week trial during which Vancouver Criminal Defence Lawyer Emmet J. Duncan cross-examined the child complainant, her mother, her sister and numerous police witnesses, and during which he presented his Client's defence through multiple defence witnesses, including the Client, the Judge found Client NOT GUILTY of ALL charges.

28 Regarding the order of defence witnesses, Mr. Bode filed with the court three cases: R. v. Archer (1972), 26 C.R.N.S. 225 (Ont.

The Crown may do this by cross-examining the accused, cross-examining other defence witnesses, or by adducing rebuttal or reply evidence.

Regina v. O.G. (2009) Charge of Assault withdrawn prior to trial after defence counsel Joseph Neuberger conducted defence investigation yielding two defence witness statements that undermined the credibility of the complainant.

Doyin Okupe, the erstwhile Senior Special Assistant to former President Goodluck Jonathan, on Wednesday, appeared as the third defence witness (DW3) for Olisa Metuh, the embattled national spokesperson of the Peoples Democratic Party, PDP who is standing trial over his alleged role in the infamous $ 2.1 billion arms deal, involving the former National Security Adviser, NSA, Col. Sambo Dasuki (retd).

See also The Order of Calling Defence Witnesses, Criminal Legal Audio Series, February 1973.)

It will be recalled that the former NSA asked the court to discharge him as a defence witness in Metuh's trial.

Jonathan is to appear as a defence witness for the former National Publicity Secretary of the Peoples Democratic Party, PDP, Chief Olisa Metuh.

At the resumed sitting on the matter on Wednesday, Metuh's lawyer, Mr. Emeka Etiaba, SAN, said his client has filed for subpoena to be issued on Dasuki to enable him appear before the court as a defence witness.

Following an application by Metuh, the judge had since October 3, 2017 signed the subpoena summoning Jonathan to appear as a defence witness in the case.

The Ontario court of Appeal has set aside a possession of guns and drugs conviction after finding the Crown used inappropriate tactics to question a defence witness.

His sister, the defence witness on the stand, testified that a third family member, Parminder, had phoned to warn her the nephew had weapons and was coming after her and her brother Dhaliwal.

Litigation privilege attaches to defence witness» statements made during interviews with defence counsel in the same circumstances.

Despite suggestions from the defence witness and OMAA president Michael McGuire, the case law is clear that Métis rights, like other aboriginal rights are site - specific.

Rather, it is a question of what weight is given an accused's evidence when testifying after other defence witnesses.

The Master erroneously relied upon the mere passage of time and bald assertions that defence witnesses might not be available without any evidentiary foundation.

The Court reasoned that a defendant could not be absolutely certain that his witnesses would testify as expected, and that there was a risk that the other defence witnesses might either collapse under cross-examination or through no fault of their own simply fail to impress the jury.

Thus Archer did not raise the issue (which did arise in Smuk) that the accused was deprived of his right to make an informed decision as to whether or not he should testify at all, by virtue of having to make that decision before he really knew what the rest of the defence witnesses would say.

N.S. 225 (CA): Archer raises a very practical issue which confronts defence counsel every time he intends to call witnesses other than the accused: in what order should the defence witnesses be called?

Mr. Williams quite candidly drew to my attention a subsequent decision of the Ontario Court of Appeal in R. v. Angelantoni (1975), 28 C.C.C. (2d) 179, 31 C.R.N.S. 342, wherein it was held that the Court does not have the power to direct defence counsel as to the sequence of the defence witnesses.

Archer was a case of alibi, the sort of case in which the accused probably has the very most to gain by hearing the other defence witnesses and then tailoring his evidence to fit in with theirs.

In Smuk the trial Judge made no ruling as to the order of defence witnesses, but did indicate that he would not consider the evidence of the accused (who in the end did not testify) very strongly unless he were called as the first defence witness.

R. 224, [1968] 1 W.L.R. 636, [1968] 2 All E.R. 115, a decision of the English Court of Appeal (Criminal Division) in which Cusack J. laid down as settled a general rule that the accused should be called before other defence witnesses.

Joseph Neuberger retained a private investigator to take formal statements from the defence witnesses and based upon all of the defence evidence, the crown agreed that there was no reasonable prospect of conviction.

Defence lawyer Joseph Neuberger, after an in - depth interview of the client and two potential defence witnesses, sought disclosure from the Crown of two 911 calls made by the client around the dates of the alleged assaults including police records about the calls.

Defence lawyer Joseph Neuberger interviewed a defence witness who he called at trial.

Further, Joseph Neuberger had a defence witness interviewed who provided a solid alibi defence to the aggravated assault charge and an explanation as to how the complainant sustained the injury.

Further, defence interviews of various potential defence witnesses, established that the client was either wrongly identified as a person who had assaulted the police or was attacked by police without physical provocation on the part of the client.

The defence also established to the crown that defence witnesses were able to contradict the complainant's evidence.

In fact, details in the medical records corroborated the statement of the defence witness.