On what grounds can a learned trial judge be found to have coercive or otherwise in his remarks to the jury?
Saskatchewan, Canada
The following excerpt is from R. v. Siniarski, 1968 CanLII 525 (SK CA):
As to the first of these two grounds, I can see nothing in the record to suggest that there was any element of coercion in the remarks of the learned trial judge. In my opinion, he was extremely careful to avoid using any language which would import a measure of coercion. In my respectful view, in exhorting the jury as he did, the learned trial judge did not only that which was proper, but that which was his duty to do: Shoukatallie v. Reg. [1962] AC 81, [1961] 3 WLR 1021, [1961] 3 All ER 996.
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