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Suing a Judge changing a charge and being "functus officio"
Legally Speaking with Michael Mulligan
English - June 08, 2023 18:00 - 23 minutes - 16 MB - ★★★★★ - 1 ratingNews Commentary News Government law legal lawyer canadian law legal news legal news canada legal news victoria Homepage Download Apple Podcasts Google Podcasts Overcast Castro Pocket Casts RSS feed
Can you really sue a judge if you're wrongfully convicted? This episode unpacks the intriguing case of a man who attempted to do just that after his conviction was overturned. We dive into the legal constraints surrounding this scenario and examine Lord Denning's view that judges should be able to make decisions without fear of personal liability. Join our analysis of the limits of a judge's editing power on a court-ordered transcript and the accusations levelled against the judge at the second trial.
Switching gears, we explore intoxication's role in criminal law and the complexities of specific and general intent offences. Through the lens of a case involving a man charged with breaking and entering, we discuss the implications of changing the charge after the accused has testified and the fairness of such an approach.
We also tackle the idea of a decision being 'final' and how it can be revisited, delving into a case involving immediate roadside driving prohibition.
Don't miss this captivating exploration of justice, liability, and the intricacies of criminal law.
Follow this link for a transcript of the episode and links to the cases discussed.