Henry Stephen Goody

The accused, charged with first degree murder, brought an application to exclude sworn jurors from the courtroom during the challenge for cause process using rotating triers.

The Crown argued that recent appellate jurisprudence eliminated the trial judge's inherent jurisdiction to exclude sworn jurors.

The court held that it retained the common law discretion to exclude sworn jurors, as the Criminal Code is silent on the matter.

The court exercised its discretion to exclude the sworn jurors to prevent them from sitting idly in court for up to a week while the remainder of the jury was selected, which would diminish respect for the process.

In a first-degree murder trial, the applicants (accused) brought an application to adduce evidence of an alternate suspect.

The Crown moved to dismiss the application summarily.

The court dismissed the application on two grounds: first, for severe non-compliance with the Criminal Proceedings Rules regarding the filing of materials and factums; and second, because the proposed evidence lacked an 'air of reality' and failed to establish any sufficient connection, motive, means, or propensity linking the proposed third party to the murder.

The applicants, charged with first degree murder, brought a motion to adduce evidence at trial of a known third party as an alternate suspect.

The Crown alleged the applicants conspired to kill the deceased for insurance proceeds.

The applicants sought to introduce evidence that the deceased's former common-law partner had motive and opportunity to commit the murder.

The court applied the test for third-party suspect evidence, requiring a sufficient connection between the third party and the crime.

The court found the proposed evidence lacked direct connection, relied on hearsay, and failed to establish motive, means, or propensity.

The motion to adduce the alternate suspect evidence was dismissed.