R. v. Bradley

R. v. Bradley

Leave to pose the proposed challenge-for-cause questions was refused because the defence failed to establish a realistic potential for widespread bias in Pictou County or to provide an evidentiary basis or judicially-noticeable facts displacing the presumption of juror impartiality; speculative assertions about victimization and trauma do not meet the Find test.

Citation
2014 NSSC 126
Parties
Crown: Her Majesty the Queen; Accused: Daniel Michael Bradley
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 April 2014
Procedural Posture
Criminal / Pre Trial Challenge for Cause Hearing (leave to Question Prospective Jurors)
Outcome
Defendant's application for leave to challenge prospective jurors for cause under s.638(1)(b) refused
Legal Topics
Challenge for Cause, Juror Impartiality, Generic Prejudice, Judicial Notice, Juror Privacy and Vetting
Source Language
English
Criminal Law Jury Selection Evidence Law Challenge for Cause Juror Impartiality Generic Prejudice Judicial Notice Juror Privacy and Vetting

Case Brief

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Parties

Her Majesty the Queen

Crown

Daniel Michael Bradley

Accused

Procedural Posture

Criminal / Pre Trial Challenge for Cause Hearing (leave to Question Prospective Jurors)

Legal Issues

  1. 1 Whether the accused may question prospective jurors about prior victimization in break-and-enter offences to establish offence-based generic prejudice
  2. 2 Whether the accused has established a realistic potential for widespread bias in the relevant community (Pictou County) such that the presumption of juror impartiality is displaced

Ratio Decidendi

Leave to pose the proposed challenge-for-cause questions was refused because the defence failed to establish a realistic potential for widespread bias in Pictou County or to provide an evidentiary basis or judicially-noticeable facts displacing the presumption of juror impartiality; speculative assertions about victimization and trauma do not meet the Find test.

Court Disposition

Defendant's application for leave to challenge prospective jurors for cause under s.638(1)(b) refused

Orders

  • Leave to challenge for cause on the basis that prospective jurors are not indifferent between the Queen and the accused is refused