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)
How have courts interpreted section 11 of the Limitations Act? (Newfoundland and Labrador, Canada)
Can a subpoena be used as a disguised form of discovery? (Newfoundland and Labrador, Canada)
How has the court considered substantial funds available to a severely disabled adult in being satisfied that the table amount of child support was inappropriate? (Newfoundland and Labrador, Canada)
What are the costs of an appeal? (Newfoundland and Labrador, Canada)
Can inspection reports generated as a result of government inspections be considered "supplied" by a third party? (Newfoundland and Labrador, Canada)
Is there any case law where a doctor inappropriately touched the rectum of a man who was not wearing a protective covering over his ears, nose or throat? (Newfoundland and Labrador, Canada)
What is the test for a jury in a sexual assault trial where there are two competing versions of the facts? (Newfoundland and Labrador, Canada)
What is the test for determining liability for the driver of a stopped vehicle? (Newfoundland and Labrador, Canada)
