What is the test for “sparingly” exercise the power of appellate review in cases such as this?
Ontario, Canada
The following excerpt is from R. v. Hensel, 2006 CanLII 14418 (ON SC):
While I must “sparingly” exercise the power of appellate review in cases such as this, if I believe that the conviction rests on “shaky ground and that it would be unsafe to maintain,” I have a duty to allow the appeal. To repeat Sopinka J. in Burke v. The Queen, “In conferring this power on appellate courts, to be applied only in appeals by the accused, it (s. 686(1)(a)(i)) was intended as an additional and salutary safeguard against the conviction of the innocent.”
"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
Is there any case law or case law that states that parties are not aware of the effect of the case on the other side? (Ontario, Canada)
What is the standard for appellate review of a jury verdict in a civil case? (Ontario, Canada)
What is the standard of review applied by appellate courts in custody cases? (Ontario, Canada)
What are the implications of a family law case law review of the applicable provisions and case law principles for costs in family law? (Ontario, Canada)
How have options been exercised in a case in which the options were not exercised all at once? (Ontario, Canada)
Is there any case law or case law that supports the argument that a judge should consider some of the issues before the trial of the others? (Ontario, Canada)
What is the impact of a medical malpractice case on the economic impact of the case? (Ontario, Canada)
What is the standard of review for police misconduct cases? (Ontario, Canada)
What is the case law on the admissibility of expert evidence in medical malpractice cases? (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)
