R. v. Hammond, (1974) 6 Nfld. & P.E.I.R. 264 (NFCA)
Judge | Furlong, C.J.N., Mifflin and Higgins, JJ. |
Court | Court of Appeal (Newfoundland) |
Case Date | November 20, 1973 |
Jurisdiction | Newfoundland and Labrador |
Citations | (1974), 6 Nfld. & P.E.I.R. 264 (NFCA) |
R. v. Hammond (1974), 6 Nfld. & P.E.I.R. 264 (NFCA)
MLB headnote and full text
R. v. Hammond
Indexed As: R. v. Hammond
Newfoundland Court of Appeal
Furlong, C.J.N., Mifflin and Higgins, JJ.
March 26, 1974.
Summary:
This headnote contains no summary.
Criminal Law - Topic 1392
Motor vehicles - Charge of dangerous driving - Misdirections by trial judge - The trial judge in his reasons for judgment indicated that he expected a witness to swear that the accused was driving dangerously - The Newfoundland Court of Appeal held that the trial judge misdirected himself when he expected the witness to discharge a duty "cast upon the trial judge himself" - The Newfoundland Court of Appeal set aside the conviction of the accused and ordered a new trial.
Counsel:
John G. Kelly, for the appellant;
Robert Wells, Q.C., for the respondent.
This appeal was heard at St. John's, Newfoundland on November 20, 1973.
The judgment of the Newfoundland Court of Appeal was delivered by
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