Can defence counsel argue that the accused has a right to adduce his new evidence for the first time?
Alberta, Canada
The following excerpt is from R. v. Gouthro, 2010 ABCA 188 (CanLII):
Defence counsel suggested to us that he had a right to adduce his new evidence for a second reason. The trial judge did not address the accused directly before passing sentence, when he asked what more was to be said. Section 726 of the Criminal Code requires that he address the accused expressly with that question. We need not decide whether the trial judge’s general question to those before him (after the last adjournment) about whether what had been said was all, would suffice, nor whether counsel could speak for the accused at this stage. (See Korponay v. A.-G. Can. 1982 CanLII 12 (SCC), [1982] 1 S.C.R. 41, 44 N.R. 103.)
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