What is the test for objecting to a charge of improper discharge?
Nova Scotia, Canada
The following excerpt is from March v. Hyndman, 2010 NSCA 100 (CanLII):
Appellant’s counsel raised the concern with the trial judge, the trial judge indicated the manner in which he was going to try to remedy the concern. It was clear that the appellant was not satisfied with the trial judge’s initial charge to the jury. Failure to object, again, following the re-charge, while it may have been preferable, is not fatal. Campbell v. Jones, supra, ¶ 200.
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