INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the application of subsections 683(1) and (2) for the purpose of admitting additional evidence in a trial.
SECTION WORDING
672.73(2) For the purpose of admitting additional evidence under this section, subsections 683(1) and (2) apply, with such modifications as the circumstances require.
EXPLANATION
Section 672.73(2) of the Criminal Code of Canada is a provision that deals with the admission of additional evidence in criminal cases. This section allows the court to consider new evidence that was not available during the trial, provided that certain conditions are met. To begin with, the section refers to subsections 683(1) and (2) of the Criminal Code. These subsections deal with the admissibility of fresh evidence on appeal. The purpose of referencing these provisions is to provide a framework for the court to consider the new evidence. However, there are also modifications that apply to section 672.73(2), depending on the circumstances of the case. For example, the court may need to consider whether the new evidence is credible, or whether there is a reasonable explanation for why it was not presented at the trial. The court may also consider the impact that the new evidence would have on the outcome of the case. In practice, the admission of additional evidence under section 672.73(2) is relatively rare. It is usually only considered in exceptional circumstances, such as when there is evidence of a miscarriage of justice or when new evidence is discovered many years after the trial. Overall, section 672.73(2) is an important provision that helps to ensure that criminal trials are fair and just. It provides a mechanism for the court to consider new evidence and to correct any errors or omissions that may have occurred during the trial process.
COMMENTARY
Section 672.73(2) of the Criminal Code of Canada deals with the admission of additional evidence in the context of a review of a finding of guilt or a sentence. This section provides that, for the purpose of allowing additional evidence to be admitted, subsections 683(1) and (2) of the Criminal Code apply, with such modifications as the circumstances require. Subsection 683(1) of the Criminal Code allows the court to receive and consider additional evidence that was not presented at trial if it is satisfied that the evidence could not have been adduced at trial with reasonable diligence. This provision recognizes that new evidence may come to light after a trial that could have a material impact on the outcome of the case. Subsection 683(2) of the Criminal Code sets out the procedure for admitting new evidence. It requires that the party seeking to introduce the evidence must give notice to the other parties and the court, and provide reasons for why the evidence could not have been adduced at trial. The court may then hold a hearing to determine whether the evidence should be admitted, and if so, the court must consider the evidence in making its decision. By applying subsections 683(1) and (2) to the admission of additional evidence in the context of a review of a finding of guilt or a sentence, section 672.73(2) ensures that the same procedure and criteria for admitting new evidence that apply at trial also apply to reviews. This helps to ensure that the review process is fair and transparent, and that evidence that could impact the outcome of the case is given full consideration. However, section 672.73(2) also allows for modifications to be made to the application of subsections 683(1) and (2) as the circumstances require." This allows the court some flexibility to adapt the procedure for admitting new evidence to the particular circumstances of the case and the review process. For example, in a case where new evidence is discovered after a review of a finding of guilt, but before a review of sentence, the court may need to modify the procedure for admitting new evidence to ensure that the evidence is considered at the appropriate stage of the review. Overall, section 672.73(2) of the Criminal Code helps to ensure that the process for admitting additional evidence in the context of a review of a finding of guilt or sentence is fair, transparent, and consistent with the principles of natural justice. By applying the same criteria and procedure that apply at trial, it helps to ensure that the review process is thorough and robust, and that all relevant evidence is given full consideration.
STRATEGY
Section 672.73(2) of the Criminal Code of Canada allows for the admission of additional evidence in criminal appeals and applications for new trials. This section presents strategic considerations for both the prosecution and defense in criminal proceedings. For the prosecution, it is important to carefully evaluate whether the evidence can be admitted under this section and whether it will have a significant impact on the case. This may involve reviewing the circumstances of the case and how the evidence was discovered to determine if it meets the criteria for admission under this section. The prosecutor may also consider whether the evidence is strong enough to overcome any other evidence or arguments that the defense may present. On the other hand, the defense may use this section to introduce new evidence that was not available at trial and could potentially exonerate the defendant. However, the defense must be careful when relying on this section, as it may not be available in all cases. They must also consider the strength of the evidence and whether it can overcome the prosecution's case. In terms of strategies, both sides may choose to consult with experts or conduct further investigation to determine the strength of the evidence. This could involve reviewing witness statements, documents, or conducting forensic tests. The prosecution may employ strategies to counter any evidence introduced by the defense, such as cross-examining witnesses or presenting their own expert testimony. The defense may choose to present the evidence in a compelling manner to the judge or jury, or to challenge any objections or arguments raised by the prosecution. Overall, the strategic considerations when dealing with Section 672.73(2) of the Criminal Code of Canada depend on the specific circumstances of each case. Both the prosecution and defense must evaluate the strength and admissibility of the evidence and consider how it may impact the case. The strategies employed by each side may vary depending on the evidence presented and the arguments made.