When will a trial judge refuse to lead evidence in a voir dire?

British Columbia, Canada


The following excerpt is from R. v. Smith, 1994 CanLII 2887 (BC CA):

11 The trial judge considered that evidence on a voir dire and made a ruling that the evidence was inadmissible, or should not be permitted to be lead, which is perhaps a better way to put it. He was applying the rule in The Queen v. Wray to the effect that where the evidence is of comparatively trifling probative force and carries with it significant prejudice then there is a discretion in the trial judge to refuse to permit the leading of that evidence. In this case the trial judge considered there was trifling probative force in relation to motive and trifling probative force in relation to a pattern of endeavouring to obtain sexual gratification which could be obtained either from a prostitute or from a 9 year old girl; and that the circumstances in relation to seeking the services of the prostitute might have a significantly prejudicial effect on the minds of the jury.

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