Court orders new trial after judge accesses Google image

The Superior Court was correct to overturn a guilty verdict and order a new trial, after a judge accessed a Google image on his own accord, impacting the fairness of the trial, says Toronto criminal lawyer Graham Clark.

“It is a long-established, if not ancient rule of fairness, that you cannot impeach a witness with anything that has not been put directly to the witness – it is called the ‘rule in Browne and Dunn’ and comes from the English common law,” he tells

Clark comments in connection with the Superior Court of Justice finding in R. v. Ghaleenovee, 2015 ONSC 1707 (CanLII).

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