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R. v. Badgerow

An interesting decision on an accused’s s. 10(b) right to retain and instruct counsel. In 2001 Mr. Badgerow was convicted at trial of the first degree murder of Diane Werendowicz in 1981 (subsequent DNA testing linked him to the crime). At issue on appeal was whether the trial judge erred in failing to exclude a statement the appellant made to police. Held by the Ontario Court of Appeal: The appeal was allowed and a new trial ordered. Usually I’m quite sympathetic to allegations of read more

Full post as published by Criminal Review on September 05, 2008 (boomark / email).