In what circumstances will a judge in a sexual assault case be found to have objected to the words of the Judge at the trial of the accused?

Ontario, Canada


The following excerpt is from McConnell and Beer v. R., 1967 CanLII 37 (ON CA):

In Wright v. The King, 1945 CanLII 41 (SCC), [1945] S.C.R. 319, 83 C.C.C. 225, 1 C.R. 43, the words of the Judge which were objected to were as follows [p. 324 S.C.R., pp. 229-30 C.C.C]: “Now, he is charged with rape and I tried to define what rape is to you. You heard the story of this woman, who came on the witness stand here, and her evidence is not denied.” And later the Judge said. “Now gentlemen, I am not going into the sordid things that took place there, but I can see nothing in the conduct of this woman that day, according to her evidence—and that is the only evidence we have as to her conduct excepting the other witnesses that came in here to tell the story of what she told them—I see nothing in her conduct that day that should make the jury detract from the truth of anything that she said.”

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