What is the test for a miscarriage of justice?
Newfoundland and Labrador, Canada
The following excerpt is from R. v. Ryan (D.), 2012 NLCA 9 (CanLII):
In Fanjoy v. The Queen, 1985 CanLII 53 (SCC), [1985] 2 S.C.R. 233, McIntyre J. described a miscarriage of justice in the following way at p. 240: … A person charged with the commission of a crime is entitled to a fair trial according to law. Any error which occurs at trial that deprives the accused of that entitlement is a miscarriage of justice …
"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
Is there any adverse impact upon the integrity of the justice system as a result of delays in responding to inquiries respecting its intentions in light of the lateral transfer? (Newfoundland and Labrador, Canada)
What is the test for balancing the principles of fundamental justice with respect to human rights and society? (Newfoundland and Labrador, Canada)
In what circumstances will a defendant be liable for damages if he causes damage to another person’s property? (Newfoundland and Labrador, Canada)
What is the test for reversing the onus of proof (for alleged Charter violation)? (Newfoundland and Labrador, Canada)
What is the case law on discount rates? (Newfoundland and Labrador, Canada)
Is a portion of a personal injury award regarded as a matrimonial asset? (Newfoundland and Labrador, Canada)
Is there any doubt that a policeman unlawfully on premises is not acting in the course of his duty? (Newfoundland and Labrador, Canada)
In what circumstances would donation of blood from unidentified members of society endanger the public in its more general sense? (Newfoundland and Labrador, Canada)
What is the test for res judicata in Newfoundland? (Newfoundland and Labrador, Canada)
What is the rule of the rule on voluntary testimony? (Newfoundland and Labrador, Canada)
