R. v. Brown

R. v. Brown

Crown counsel's opening remarks about the Crown's charging standards and investigative apparatus conveyed an impermissible impression that authorities had already determined guilt and supplied non‑evidentiary facts to the jury; because the misconduct occurred at the outset and could not be reliably cured by instruction, the trial's fairness was irreparably compromised and a mistrial was required.

Citation
2009 BCSC 1870
Parties
Crown: Regina; Accused: Seth Neil Brown
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 September 2009
Procedural Posture
Criminal Robbery / Jury Trial; Mistrial Declared
Outcome
Mistrial declared
Legal Topics
Mistrial, Prosecutorial Misconduct, Opening Address, Charge Approval Policy, Reasonable Doubt, Jury Instructions
Source Language
English
Criminal Law Trial Procedure Professional Conduct of Counsel Mistrial Prosecutorial Misconduct Opening Address Charge Approval Policy Reasonable Doubt +1 more

Case Brief

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Parties

Regina

Crown

Seth Neil Brown

Accused

Procedural Posture

Criminal Robbery / Jury Trial; Mistrial Declared

Legal Issues

  1. 1 Whether Crown counsel's opening address constituted misconduct amounting to prejudice
  2. 2 Whether comments about Crown charging and investigation practices impermissibly influenced the jury
  3. 3 Whether a remedial jury instruction could cure the prejudice or whether a mistrial was required

Ratio Decidendi

Crown counsel's opening remarks about the Crown's charging standards and investigative apparatus conveyed an impermissible impression that authorities had already determined guilt and supplied non‑evidentiary facts to the jury; because the misconduct occurred at the outset and could not be reliably cured by instruction, the trial's fairness was irreparably compromised and a mistrial was required.

Court Disposition

Mistrial declared

Orders

  • Mistrial declared.
  • Jury discharged; new trial may be constituted.