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 …
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