Appeal from armed robbery conviction. Trial judge found breaches of the rule in Browne v Dunn, and thereby afforded less weight to the accused’s evidence.
Held: Appeal allowed, new trial.
Trial judge found that the matters not cross-examined on were insignificant. However, the judge went on to apply the rule. “The trial judge appears to have concluded that the matters were details not warranting ‘strict’ application of the rule yet he nevertheless applied the remedy for breach … Then rule is either engaged or not engaged … if the matter is minor or of insufficient significance, the rule is not engaged and no remedy is necessary.”
E. McIntyre – Defence Counsel