Does objection to an observation by a judge at a jury trial in a murder case have any effect on the outcome of the trial?

British Columbia, Canada

The following excerpt is from R. v. Stewart, 1995 CanLII 652 (BC CA):

43 I agree that an observation such as that to which objection is taken is best reserved for those cases where the only issue for the jury is the identity of the person responsible for the death of the victim and the nature of the unlawful act which caused death makes such an observation appropriate. But the right of a trial judge to express an opinion on the evidence cannot be disputed; Regina v. Sims, 1992 CanLII 77 (SCC), [1992] 2 S.C.R. 858, and thus any objection to such an opinion must fail unless it can be shown that its overall effect was such as to raise the potential of a miscarriage of justice.

Other Questions

Can a judge quash a committal for trial if the presiding judge at the preliminary inquiry failed to observe a mandatory section of the Criminal Code? (British Columbia, Canada)
Is a trial judge's failure to give reasons sufficient to determine that the trial judge erred in appreciation of a relevant issue or application of the evidence? (British Columbia, Canada)
Can a summary trial judge make a finding that a matter is not suitable for disposition by way of summary trial during the hearing of the summary trial? (British Columbia, Canada)
What is the effect of the trial judge on the causation issue in cases involving intermittent catheterization? (British Columbia, Canada)
What is the effect of a trial judge’s “dollar for dollar” approach to reapportionment of the family finances? (British Columbia, Canada)
What is the test for a trial judge to determine the outcome of a motor vehicle accident? (British Columbia, Canada)
What is the meaning of the term “ original position” used by the trial judge at trial? (British Columbia, Canada)
Can a judge vary the degree of fault fixed by the trial judge? (British Columbia, Canada)
Can a judge interfere with a trial judge's findings of fact? (British Columbia, Canada)
Is a trial judge bound to comment upon all the evidence at trial to support an expert testimony? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.