The Trials of Jury Trials: Questions from the Jury
Presiding over a jury trial probably is the most demanding
task asked of a judge. Jury trials are imbued with a dynamic volatility that
spins off numerous trial management challenges. Jury questions are one such
challenge.
Presented with a jury question, a trial judge, with the
assistance of counsel, must decipher the question, craft a full and proper
response, assess the impact of the response on overall trial fairness, and do
all of this under the pressure of a relentless time clock.
Introducing
an Alternative Theory of Criminal Liability within the Answer to a Jury Question
Where an alternative theory of criminal liability, which
had not been a live issue at trial, is introduced by the trial judge in his
answer to a question from the jury, the trial judge is obliged, at a minimum,
to canvass and implement reasonable steps to mitigate any trial prejudice
caused to the accused by the injection of a new basis of liability so late in
the proceedings. The failure to do so
will prejudice the accused’s ability to make full answer and defence to the
charge and materially compromised trial fairness.
R. v.
Grandine, 2017 ONCA 718.
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