R. v. Leggette

R. v. Leggette

Application for severance denied because the strong presumption in favor of joint trials was not overcome: the prejudicial writings are admissible only against Leggette, other admissible evidence links both accused to the offence, editing and carefully crafted mid-trial and final limiting instructions can prevent jury misuse, and a joint trial better serves truth-finding while avoiding the real risk of inconsistent verdicts.

Citation
2015 NSSC 152
Parties
Crown: Her Majesty the Queen; Defendant: Blake William David Leggette; Defendant: Victoria Lea Henneberry
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 April 2015
Procedural Posture
Criminal First Degree Murder / Pre Trial Severance Application and Admissibility Voir Dire
Outcome
Application for severance denied.
Legal Topics
Severance, Joint Trial Presumption, Cut Throat Defence, Admissibility of Co Accused Writings, Limiting Jury Instructions, Editing Prejudicial Evidence
Source Language
English
Criminal Law Evidence Procedural Law Severance Joint Trial Presumption Cut Throat Defence Admissibility of Co Accused Writings Limiting Jury Instructions +1 more

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Parties

Her Majesty the Queen

Crown

Blake William David Leggette

Defendant

Victoria Lea Henneberry

Defendant

Procedural Posture

Criminal First Degree Murder / Pre Trial Severance Application and Admissibility Voir Dire

Legal Issues

  1. 1 Whether the interests of justice require severance under s.591(3) of the Criminal Code due to prejudicial writings by one accused
  2. 2 Whether limiting instructions and/or editing can cure prejudice from admissions or writings of a co-accused
  3. 3 Whether a joint trial would work an injustice given potential cut-throat defences and relative strength of evidence against each accused

Ratio Decidendi

Application for severance denied because the strong presumption in favor of joint trials was not overcome: the prejudicial writings are admissible only against Leggette, other admissible evidence links both accused to the offence, editing and carefully crafted mid-trial and final limiting instructions can prevent jury misuse, and a joint trial better serves truth-finding while avoiding the real risk of inconsistent verdicts.

Court Disposition

Application for severance denied.

Orders

  • Severance application denied
  • Matter to proceed to joint trial