Impatient judge was too cranky at trial, review finds,

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ME AGAIN
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Impatient judge was too cranky at trial, review finds,

by: ME AGAIN on
Fri Jul 25, 2014 8:28 am

:) Impatient judge was too cranky at trial, review finds, as man’s speeding conviction dropped.


http://news.nationalpost.com/2014/07/24 ... n-dropped/

“Your client doesn’t want to resolve [plead guilty and pay a reduced fine]?” asked a Justice of the Peace at trial last year, speaking to Mr. Mangov’s paralegal. “He doesn’t understand that it’s in his best interest to resolve. How many trials do I have to do for speeding before people understand?”

This comment, along with others, made it seem the court is “predisposed to conviction on speeding trials,” according to this new ruling by Justice Shaun Nakatsuru of the Ontario Court of Justice. “This comment could reasonably be interpreted as meaning that while it was [Mr. Mangov’s] right to insist on a trial, this may still be a trial pre-ordained to a conclusion in favour of the prosecution.”


Sonic
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by: Sonic on
Sun Jul 27, 2014 4:12 am

This could be something of value to my speeding ticket appeal (details in other thread 'appealing a guilty plea'). Is there case law on it? I can't bring a newspaper article to appeal court.. Case law showing dismissal based on a JP's perceived bias will however allow me to overturn a decision, rather than a new trial.

Edit: Found the case law for those that are interested, reading through it now.

https://www.canlii.org/en/on/oncj/doc/2 ... cj351.html


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