R. v. Hammond, (1974) 6 Nfld. & P.E.I.R. 264 (NFCA)

• Judge: Furlong, C.J.N., Mifflin and Higgins, JJ.
• Court: Newfoundland Court of Appeal
• 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