Saturday, May 27, 2023

The interests of justice and time limits for filing conviction appeals: Pierre v R (Bahamas) [2023] UKPC 15

›
Legislation that leaves judges to decide an issue “in the interests of justice”, without any indication of what that means, can leave us won...
Thursday, May 04, 2023

Fairness, efficiency and case mismanagement: R v Haevischer, 2023 SCC 11

›
I once knew a judge whose smile was upside down. The corners of this person’s mouth almost reached the jaw line. When I first noticed this, ...
Saturday, April 22, 2023

Statutory delay of parole eligibility: Morgan v Ministry of Justice (Northern Ireland) [2023] UKSC 14

›
The life of a criminal barrister has several sources of irritation. One is the difficulty of getting clients to see the marvelous subtlety o...
Friday, April 14, 2023

Decisions on unproven facts: R (on the application of Pearce) v Parole Board [2023] UKSC 13

›
In a criminal trial, facts in issue need to be proved to the relevant standard. For example, the elements of the offence charged must be pro...
Saturday, March 25, 2023

Admitting improperly obtained evidence in Canada: R v McColman, 2023 SCC 8

›
In  R v McColman ,  2023 SCC 8   the Supreme Court of Canada unanimously delivered a clear explanation of the way the admissibility of evide...
Tuesday, March 14, 2023

Avoiding unnecessary complexity: Miller v R (Bahamas) [2023] UKPC 10

›
Explaining the meaning of the verb “to intend” led the legislature of the Bahamas into a complex mess of ideas in s 12 of its Penal Code . C...
Wednesday, February 22, 2023

Interveners and discussion of extraterritoriality: R v McGregor, 2023 SCC 4

›
There has been a good deal of discussion among Canadian academics over the extent to which “international” law applies in Canada. Criticisms...