What is the test for the absolute best defence that money can buy?
New Brunswick, Canada
The following excerpt is from R v Branch, 2012 NBQB 175 (CanLII):
Everyone is entitled to a fundamentally fair trial. However, when the public purse is involved no person is entitled to the absolute best defence that money can buy: … The “best around” is emphatically not the test. All that is required is a level of representation which ensures that the accused’s answer to the allegations of his guilt is made available to the adjudicating court … (R v. Cai 2002 ABCA 299, at para. 18)
"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
What is the defence of self-defence? (New Brunswick, Canada)
What is the test for negligence in the conduct of a defence? (New Brunswick, Canada)
When will a defence counsel ask the complainant a few general questions about their sex practices that involve the complainant's personal security or privacy? (New Brunswick, Canada)
What are the elements of the common law defence of fair comment? (New Brunswick, Canada)
What is the test for the defence of provocation in a sexual assault case? (New Brunswick, Canada)
What is the test for the defence of duress? (New Brunswick, Canada)
Can a motion to strike out a pleading be struck out on the grounds that it does not disclose a reasonable cause of action or defence? (New Brunswick, Canada)
Is there any defence of passing on the costs of an action for unjust enrichment? (New Brunswick, Canada)
Can summary judgment be granted in an action where there is no defence? (New Brunswick, Canada)
What is the test for the defence of subservience in a sexual assault case? (New Brunswick, Canada)
