Does objection to an observation by a judge at a jury trial in a murder case have any effect on the outcome of the trial?

British Columbia, Canada


The following excerpt is from R. v. Stewart, 1995 CanLII 652 (BC CA):

43 I agree that an observation such as that to which objection is taken is best reserved for those cases where the only issue for the jury is the identity of the person responsible for the death of the victim and the nature of the unlawful act which caused death makes such an observation appropriate. But the right of a trial judge to express an opinion on the evidence cannot be disputed; Regina v. Sims, 1992 CanLII 77 (SCC), [1992] 2 S.C.R. 858, and thus any objection to such an opinion must fail unless it can be shown that its overall effect was such as to raise the potential of a miscarriage of justice.

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