Is a trial judge required to review all the evidence at trial?
Ontario, Canada
The following excerpt is from R. v. Luciano, 2011 ONCA 89 (CanLII):
A trial judge is under a duty to review the substantial parts of the evidence adduced at trial and to relate that evidence to the issues that are for the jury to decide, thereby to ensure that the jurors appreciate the value and effect of the evidence: Azoulay v. The Queen, 1952 CanLII 4 (SCC), [1952] 2 S.C.R. 495, at p. 497. A trial judge is under no obligation, however, to review all the evidence. Indeed, a colourless rendition of all the evidence, culled from the trial judge’s bench book, is more apt to numb jurors into catatonia than to help them do their job.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How has the trial judge reviewed the evidence at a jury trial? (Ontario, Canada)
How has the trial judge considered the totality of evidence at trial for impaired driving? (Ontario, Canada)
Can a reviewing court review a trial judge's disposition on costs? (Ontario, Canada)
What is an obligation of a judge presiding in a criminal jury trial to review and relate the substantial features of the evidence adduced? (Ontario, Canada)
Is a judge required to be "comprehensive" on all aspects of the evidence at trial? (Ontario, Canada)
Does a trial judge have to detail every aspect of her decision if she prefers some evidence over other evidence? (Ontario, Canada)
What is the test for appellate judges to review a discretionary decision by a motions judge? (Ontario, Canada)
What is the test for determining whether there is a genuine issue requiring a trial based on evidence filed without using Rule 20? (Ontario, Canada)
In what circumstances will a trial judge consider corroborating evidence in a sexual assault case? (Ontario, Canada)
Is the order of a trial judge dispensing with a jury during the course of the trial consistently treated as an exercise of the exercise of his discretion? (Ontario, Canada)
