No error by Trial Judge in addressing witness’s refusal to answer; convictions restored

Supreme Court of Canada: This appeal was filed before a 5-Judge Bench comprising of Wagner, CJ. Abella, Cote, Rowe and Martin, JJ., against the judgment of the Court of Appeal of Newfoundland and Labrador.

Facts of the case were that one Mr. Normore was convicted for attempt to commit murder, uttering a threat to cause death and breaking and entering a place. His appeal against the above conviction was allowed by Court of Appeal. However, this appeal was filed by the Crown.

Supreme Court observed that trial court did not err in addressing a witness’s refusal to answer a question put to him by defence counsel. It was upon the discretion of the trial judge to take further steps in attempting to elicit an answer from the witness. Court found it proper on part of the trial judge to proceed to the main proceedings rather than using its discretion as the same was not found to have caused substantial wrong or miscarriage of justice. Therefore, the convictions were restored pursuant to Section 686(1)(b)(iii) of the Criminal Code, R.S.C. 1985, c. C-46.  [Queen v. Alex Normore, No. 37993, dated 17-10-2018]

 

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