What is the test for a new trial in a criminal prosecution?
Canada (Federal), Canada
The following excerpt is from R. v. Cowan, 2021 SCC 45 (CanLII):
I agree with this statement. When an appellate court orders a new trial in a criminal prosecution, it does so to allow the opportunity “to correct errors in the proceedings at the first trial” (Welch v. The King, 1950 CanLII 8 (SCC), [1950] S.C.R. 412, at p. 417). Such a new trial is a “re‑examination of a case on the same information or indictment”, that “supposes a completed trial, which for some sufficient reason has been set aside, so that the issues may be litigated de novo” (ibid. (emphasis deleted)).
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