Coincidentally, the Court of Appeal appears to have found the Trial Judge himself ran afoul of the principle behind the rule — the failure to raise the point with defence counsel
impacted trial fairness and led the Court of Appeal to order a new trial.
Not exact matches
«I generally agree with the comments above about blogging during
trial, although I could imagine cases and circumstances where blogging would be unlikely to have an
impact on the
fairness of the
trial.
The Superior Court was correct to overturn a guilty verdict and order a new
trial, after a judge accessed a Google image on his own accord,
impacting the
fairness of the
trial, says Toronto criminal lawyer Graham Clark.
Court orders new
trial after judge accesses Google image The Superior Court was correct to overturn a guilty verdict and order a new
trial, after a judge accessed a Google image on his own accord,
impacting the
fairness of the
trial, says Toronto criminal lawyer Graham Clark.
This was not, however, enough for the Court of Appeal for Ontario to make a finding of ineffective assistance of counsel, as there was no miscarriage of justice: counsel's actions did not
impact on the reliability of a verdict which was well - supported on the evidence, nor did they detract from the
fairness of the adjudicative process at
trial.
Thus, things like good signage, a useful website, and helpful staff
impact procedural
fairness, as does what actually occurs when the defendant stands in front of a judge during hearings and
trials.