What is the role of a trial judge in cases such as this?
Ontario, Canada
The following excerpt is from R. v. Munroe, 1995 CanLII 8921 (ON CA):
As to the role of a trial judge in cases such as this, the language of Ritchie J., speaking for the majority in Emkeit v. The Queen (1972), 1972 CanLII 169 (SCC), 6 C.C.C. (2d) 1 at p. 6, 24 D.L.R. (3d) 170, [1974] S.C.R. 133, is apt: In my opinion the administration of justice in our Courts would be gravely hampered if it were not recognized that a trial Judge has a wide discretion as to the manner in which a trial is to be conducted, and it has long been accepted that a trial Judge’s ruling on the question of whether or not to discharge the jury is one which a Court of Appeal should approach with great caution.
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