What is the effect of a trial judge's approach of not putting the defence theory explicitly in the defence?
British Columbia, Canada
The following excerpt is from R. v. Best, 1988 CanLII 2943 (BC CA):
I think that those passages indicate that the trial judge's approach of not putting the defence theory explicitly was contrary to the guidelines enunciated by Chief Justice Davey in John v. R. to the effect that a trial judge is not entitled to leave the jury in a position where it must rely mainly on the addresses of counsel for its verdict.
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