CRM 308 Lecture Notes - Lecture 3: New Trial, Telephone Tapping, Fallback Font

• School: Ryerson University
• Department: Criminology
• Course: CRM 308
• Professor: Daniel Alati

Document Summary

For many years, there was no effective right of disclosure to the accused. As early as 1975 there was law reform commission, arguing that a right to disclosure should be codified in statute. In the aftermath of wrongrful conviction of donald something, that was partly due problems of dis(cid:272)losure . The first key case that stablished the right to disclosure was stinchcombe (1991) Generally speaking, it is the crowns obligation to give the accused material that it has. Unlike production: situations that the accused might be entitled to material held by third parties (not the crown). (this topic is not in this lecture and not in the exam). Other cases, before stinchcombe, were case law supporting the right of disclosure: v. stinchcombe. He was a lawyer, charged with breach of trust, theft and fraud. His secretary/witness was interviewed and a statement was tape-recorded. She was then interviewed again and a written-statement was taken.