Sunday, March 19, 2017

Miscarriage of Justice - Definition

In 1927 Viscount Dunedin wrote in Robins:

"....miscarriage of justice....means such departure from the rules which permeate all judicial procedure as to make that which happened not in the proper use of the word judicial procedure at all."

In Fanjoy  v.  R (1985)  Justice McIntyre of Canada's Supreme Court wrote:

"A person charged with the commission of a crime is entitled to a fair trial according to law. Any error which occurs at trial that deprives the accused of that entitlement is a miscarriage of justice.  It is not every error which will result in a miscarriage of justice, the very existence of the provisio to relieve against errors of law which do not cause a miscarriage of justice recognizes that fact."

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