R. v. Friesen

R. v. Friesen

Although Crown counsel's reference to possible psychiatric evidence was inappropriate and ill‑considered, the remark was brief and non‑detailed and the risk of prejudice could be addressed by an immediate corrective jury instruction reminding jurors that opening statements are not evidence, the Crown bears the onus,...

Source-derived case information.

Citation
2016 BCSC 2663
Parties
Crown: Regina; Accused: Jeffrey Friesen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 November 2016
Procedural Posture
Criminal / Trial Opening and Oral Ruling on Mistrial Application
Outcome
Defence application for mistrial dismissed
Legal Topics
Mistrial, Opening Statement, Admissibility, Psychiatric Evidence, Presumption of Innocence, Jury Directions, Voir Dire
Source Language
english
Criminal Law Evidence Jury Procedure Mistrial Opening Statement Admissibility Psychiatric Evidence Presumption of Innocence +2 more

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Summary, issues, holding and outcome

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Parties

Regina

Crown

Jeffrey Friesen

Accused

Procedural Posture

Criminal / Trial Opening and Oral Ruling on Mistrial Application

Legal Issues

  1. 1 Whether Crown's reference to potential defence psychiatric evidence in opening warranted a mistrial
  2. 2 Whether remarks about evidence not yet ruled admissible can be remedied by jury instruction
  3. 3 Whether Crown may comment on possible defence evidence in opening statements

Ratio Decidendi

Although Crown counsel's reference to possible psychiatric evidence was inappropriate and ill‑considered, the remark was brief and non‑detailed and the risk of prejudice could be addressed by an immediate corrective jury instruction reminding jurors that opening statements are not evidence, the Crown bears the onus, the defence need not call evidence, and verdicts must be based only on admitted testimony and exhibits; therefore a mistrial was not warranted and the application was dismissed.

Court Disposition

Defence application for mistrial dismissed

Orders

  • Judge to give immediate corrective jury instruction reiterating that opening statements are not evidence; the Crown has the onus to prove the case beyond a reasonable doubt; the defence is not required to call evidence; and the jury must decide based only on testimony, admissions and exhibits.
  • Jury to be brought back and reminded of the specified points before trial resumes.