In what circumstances will the trial judge rule that a gun found by the police can be adduced in evidence?
British Columbia, Canada
The following excerpt is from R. v. Burlingham, 1993 CanLII 6884 (BC CA):
In view of the trial judge's reference to Wray [see Wray v. The Queen (1973), 1973 CanLII 21 (SCC), 10 C.C.C. (2d) 215, 33 D.L.R. (3d) 750, [1974] S.C.R. 565], it might be thought that he had ruled that the gun, ex. 13, being physical evidence found by the police, could be adduced in evidence. Subsequent proceedings, which will be described in a moment, demonstrate that no such ruling was made at that time. Thus, it is not correct, as counsel for the accused argued, that the trial judge “reversed himself” on this question when he later admitted the gun into evidence.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an appellate court "reconsider" evidence presented at trial when there is a reasoned belief that the trial judge must have forgotten or misconceived the evidence? (British Columbia, Canada)
Is a trial judge's failure to give reasons sufficient to determine that the trial judge erred in appreciation of a relevant issue or application of the evidence? (British Columbia, Canada)
In what circumstances will a summary trial judge be able to resolve issues where there are conflicting evidence? (British Columbia, Canada)
In what circumstances will a judge refuse to re-open a trial to hear fresh evidence? (British Columbia, Canada)
What is the test on an application to adduce fresh evidence that existed at the time of trial but was not placed before the trial court? (British Columbia, Canada)
Can a summary trial judge make a finding that a matter is not suitable for disposition by way of summary trial during the hearing of the summary trial? (British Columbia, Canada)
Is a trial judge bound to comment upon all the evidence at trial to support an expert testimony? (British Columbia, Canada)
What is a judge’s role as an appellate judge to second-guess the weight of evidence? (British Columbia, Canada)
Can a court of appeal interfere with a trial judge's conclusions on viva voce evidence? (British Columbia, Canada)
In what circumstances will a juror be found to have prejudiced a jury in a sexual assault trial? (British Columbia, Canada)
