Is there any real likelihood of prejudice to the ability of the accused to make full answer and defence because of the loss of exhibits?

Ontario, Canada


The following excerpt is from R. v. Waszek, 2003 CanLII 18152 (ON SC):

Moreover, I am not satisfied that the right of the accused to full answer and defence has been actually prejudiced by the loss of exhibits. Indeed, as expressed above, my own view is that there has been no real likelihood of prejudice to the ability of the accused to make full answer and defence because of the loss of the exhibits. See generally the reasons of both Sopinka J. for the majority, and L’Heureux-Dubé J. in dissent, in R v. Carosella 1997 CanLII 402 (SCC), [1997] 1 S.C.R. 80.

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