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R. v. Palmer

A decision handed down just prior to Mahalingan (comment) on issue estoppel that highlights one of the practical problems courts will face. The accused had been charged with possession, which also led to him being in breach of his conditional sentence. At his breach hearing, before his trial on the possession charges, the judge found (on the balance of probabilities) that possession had not been proven. So, was the issue of possession one the Crown was now estopped from arguing? Yes. Crown Couns read more

Full post as published by Criminal Review on December 02, 2008 (boomark / email).