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Appeal court order retrial due to Crown actions

Thursday, September 22, 2016 @ 8:00 PM | By Michael Benedict

A Crown prosecutor’s trial behaviour has resulted in a retrial order. The Ontario Court of Appeal in R. v. Dhaliwal 2016 ONCA 652, found two separate examples of Crown trial misconduct that was “sufficiently prejudicial that it deprived the appellant of a fair trial.”

Wrote Chief Justice George Strathy, on behalf of the court: “It may well be that through inexperience or overzealousness or both, the Crown, (who was not named in the judgment), ‘momentarily lost sight of his obligations.’ ”

The case involves a family...