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R. v. Mahalingan

Issue estoppel is a doctrine with a confused history in Canadian criminal law (the root of the problem was the decision in Grdik). So confused has it become, some say it should simply be done away with. Held: Mend it, don’t end it. Specifically, the law on issue estoppel needs to be strictly defined and applied. It is . . . not every factual issue in the trial resulting in an acquittal which results in an estoppel at a subsequent trial, but only those issues which were expressly resolved o read more

Full post as published by Criminal Review on November 14, 2008 (boomark / email).