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R. v. Sherry

[1996] 3 SCR 602 Court SCC Decision date 1996-11-01 Docket 25081 English

PartiesHer Majesty The Queen Appellant·Clinton Sherry Respondent

Judges Sopinka, John; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C.

Delivered by Sopinka J.

On appeal from Ontario

Subjects Criminal law

Contents

Sopinka J.

Sopinka J. ‑‑ It is essential that the trial judge ensure that the trial is fair and an appearance of unfairness be avoided.
In this case, however, for the reasons of Doherty J.A. dissenting, we agree with the appellant that the learned trial judge did not prejudge or appear to prejudge the credibility of the witness, Clause. Moreover, the respondent was not impeded from making full answer and defence.
With respect to propriety of the cross‑examination by counsel for the Crown, while it approached the limits of permissible cross‑examination, it did not exceed them.
There is no merit in any of the respondent’s alternative grounds.
The appeal is allowed, the judgment of the Court of Appeal is set aside, and the judgment at trial is restored.