McGillivray, J. A., who concurred with both the reasoning and the conclusion of Clarke, J.A., added this extract from the judgment of the Lord Chancellor, Lord Sankey, in Maxwell v. Director of public Prosecutions (1934), 103 L.J.K.B. at 508: “… It must be remembered that the whole policy of English criminal law has been to see that as against the prisoner every rule in his favour is observed and that no rule is broken so as to prejudice the chance of the jury fairly trying the true issues…” “It is often better that one guilty man should escape than that the general rules evolved by the dictates of justice for the conduct of criminal prosecutions should be disregarded and discredited.”
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