What is the effect of Section 353 of the Ontario Criminal Code on the erroneous admission of evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Holford, C063540 (Cal. App. 2012):

Section 353 provides in pertinent part, "A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous admission of evidence unless: [] (a) There appears of record an objection to or a motion to exclude or to strike the evidence that was timely made and so stated as to make clear the specific ground of the objection or motion . . . ." (Italics added.) In accord with this statute, our high court has consistently held that a "'"defendant's failure to make a timely and specific objection" on the ground asserted on appeal makes that ground not cognizable. [Citation.]'" (People v. Partida (2005)

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