In a criminal case, in what circumstances will a prosecutor be able to question a witness in question?
Saskatchewan, Canada
The following excerpt is from R. v. Settee, 1974 CanLII 971 (SK CA):
In Regina v. Fitton, supra, at pp. 972-73, Nolan J. said: “In my view it would be quite impossible to discover the facts of a crime without asking questions of persons from whom it was thought that useful information might be obtained. Indeed, such questions might give the suspected person an opportunity of demonstrating that the suspicion of guilt attaching to him was without foundation. The questioning must not, of course, be for the purpose of trapping the suspected person into making admissions and every case must be decided according to the whole of the circumstances.”
"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 test for deference under section 14 of the Criminal Code in cases where the credibility of witnesses has been questioned? (Saskatchewan, Canada)
In what circumstances will a retired judge allow evidence to be called after the summing-up of a criminal case? (Saskatchewan, Canada)
Is there any case law that supports the argument that a union has no case law or case law relating to contested positions? (Saskatchewan, Canada)
What is the effect of the hearsay evidence rule on the testimony of a witness in a criminal case? (Saskatchewan, Canada)
In what circumstances will a judge order a determination of "the precise question, the precise fact which was put issue and decided" in the previous proceeding? (Saskatchewan, Canada)
What is the test for a judge to grant adjournment in a criminal case? (Saskatchewan, Canada)
Is a failure to provide a directory of all witnesses in a sexual assault case a valid ground for setting aside the conviction and ordering a new trial? (Saskatchewan, Canada)
In what circumstances will a defendant be charged with perjury in falsely testifying that he does not remember certain criminal acts? (Saskatchewan, Canada)
What is the test for establishing a reasonable excuse in a criminal case? (Saskatchewan, Canada)
When will counsel seek to compare facts in an instant cruelty case with those in the reported cases? (Saskatchewan, Canada)
