R. v. Dixon

122 C.C.C. (3d) 1

Facts

SCC

aggravated assault. When the victim went to the aid of his friend who was being assaulted by a group of men, one from that group knocked the victim to the ground with a single punch. The men in the group kicked the victim and continued to do so ...During the course of the trial, counsel for all the accused were provided with copies of police occurrence reports, which included summaries of statements given by various witnesses, none of which had been produced by the Crown. After conviction and sentencing, the statements were produced by the Crown at the request of counsel for one of the accused. One of the grounds raised in the accused's appeal to the Nova Scotia Court of Appeal pertained to the Crown's failure to disclose these statements. The Nova Scotia Court of Appeal admitted fresh evidence by way of counsel's affidavits as to their conduct in pursuing disclosure prior to and during the trial. This fresh evidence indicated that, during the course of the trial, when the accused's counsel had completed his review of the police occurrence reports, he was aware that four statements had been taken by the police and had not been disclosed by the Crown. However, based on summaries of the statements included in the occurrence reports, he decided there was nothing in the statements that would assist the accused in making full answer and defence. He was confident that all relevant information had been disclosed by the Crown, and therefore did not pursue the matter further. The Nova Scotia Court of Appeal dismissed the accused's appeal.

Another Issue

SCC

1. appropriate test ... Crown's inadvertent failure to disclose relevant material , violation of the appellant's right to disclosure under s. 7 2. appropriate test ...full answer and defence 3. defence counsel's lack of due diligence?

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