Should the Accused be Permitted to Sit at Counsel Table during his/her Trial? Part 3
A trial judge’s ruling in relation to
where an accused sits during his trial is discretionary and entitled to
deference.
R. v. A.C.,
2018 ONCA 333 (CanLII) at para. 37.
In every case, the accused’s placement must
permit him to make full answer and defence, but the issue is to be assessed on
a case-by-case basis, having regard to the interests of a fair trial and
courtroom security in the particular circumstances of the case.
R. v. Lalande (1999),
1999
CanLII 2388 (ON CA), 138 C.C.C. (3d) 441 (Ont. C.A.);
R. v. A.C., 2018 ONCA 333 (CanLII) at para. 37.
The seriousness
of the offence for which the accused is charged is, in and of itself, not a factor
to be considered in determining the placement of the accused in the court, as the
seriousness of the offence says nothing about security concerns or the
interests of a fair trial.
R. v. A.C., 2018 ONCA 333 (CanLII) at para. 38.
For more see
Stuart O’Connell Law Bog, Should the
Accused be Permitted to Sit at Counsel Table during his/her Trial?
Stuart O’Connell, O’Connell
Law Group, www.leadersinlaw.ca
(all rights reserved to author).
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