R. v. Shergill (S.), (1997) 22 O.T.C. 239 (GD)

• Judge: D.S. Ferguson, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: January 13, 1997
• Jurisdiction: Ontario
• Citations: (1997), 22 O.T.C. 239 (GD)

R. v. Shergill (S.) (1997), 22 O.T.C. 239 (GD)

MLB headnote and full text

Her Majesty The Queen (respondent) v. Sukhvinder Shergill (applicant)

(Court File No. 7959)

Indexed As: R. v. Shergill (S.)

Ontario Court of Justice

General Division

D.S. Ferguson, J.

January 13, 1997.

Summary:

The accused was charged with first degree murder. The accused applied for permission to make an opening address to the jury immediately after the Crown's opening address. The accused submitted that it was an exceptional case involving complex facts, a long trial, language problems and a defence that might not be apparent to the jury during the Crown's lengthy evidence. The accused claimed that he would call evidence to show that one of the Crown witnesses was the murderer. Counsel for the accused gave an undertaking to call a defence.

The Ontario Court (General Division) allowed the defence to open after the Crown because of the exceptional circumstances of the case. That would be the only opportunity for the defence to open. The Crown would address the jury last even if the defence did not call evidence.

Criminal Law - Topic 4404

Procedure - Opening and closing addresses - Summing up - Counsel - Opening address - Time for - See paragraphs 1 to 12.

Cases Noticed:

R. v. Slager (T.E.) (1996), 1 O.T.C. 78 (Gen. Div.), consd. [para. 6].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 651 [para. 4].

Counsel:

S. MacLean and P. Murray, for the respondent;

P. Burstein and A. Bryant, for the applicant.

This motion was heard on December 10 and 13, 1996, before D.S. Ferguson, J., of the Ontario Court (General Division), who released the following judgment on January 13, 1997.