Judges and juries not bound to theories of defence, prosecution
Neither judges nor juries are bound to follow theories of the Crown or the defence if there is evidence that could support a conviction on a different basis than that offered by counsel, Hamilton criminal lawyer Jeffrey Manishen tells CHCH.
He makes the comment in connection with the trial of a St. Catharines man accused of killing his 13-month-old grandson, reports the broadcaster. In listening to the case, the judge opened the door to another possibility of conviction, says the article. Read the articles on Advocate Daily.