Man convicted of murder alleges judge committed legal error

Man convicted of murder alleges judge committed legal error

On behalf of Neuberger & Partners LLP posted in violent crimes on Thursday February 11, 2016.

In any criminal case there are certain procedures that must be followed. When the Crown, or the judge assigned to the case, fails to adhere to those procedures, the accused could use it as a basis to have the case thrown out, or in the case of conviction, the verdict tossed. A man who was recently convicted of murder is seeking the latter.

The basis of the appeal is the Superior Court Justice who heard the case made a legal error when he used “static triers” during the course of jury selection, rather than the standard practice of replacing a trier every time a juror is selected, which was requested by the defence. This is the second occasion during a short amount of time in which this has been used as an appeal by convicted individuals, against the same judge. In addition, previous legal errors have lead to multiple verdicts he rendered being quashed in appeal. He is now retired.

In this particular case, the man seeking the appeal has a lot to gain if the verdict is overturned. As a result of being convicted of multiple charges including two counts of second-degree murder, the judge handed down a mandatory life sentence. That sentence requires the man serve a minimum of 30 years before seeking parole.

When you are accused of a crime, regardless of the charge, it is vital to work with a criminal defence lawyer who understands the procedures and can recognize when they are not being followed. Doing so could have an impact on the outcome.

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