FavoriteLoadingSave to briefcase | Rating: | By (2012)

  • PrintEmail Link
  • Viewed 1,179 times | Saved to 314 briefcases
R v. Brown , [2003] O.J. No. 1251

Facts:

Police saw black man in new car speeding. Followed him for 2km. Ran his license plate Pulled him over. Did roadside field test. Failed. At station did breathalyzer. Failed

Issue(s):

Was the summary court judge right in determining the bias on part of trial judge?

Ratio:

Racial profiling can be conscious or unconscious and judges need to be aware of this when making decision

Analysis:

Articulable cause exists where the grounds for stopping the motorist are reasonable and can be clearly expressed.

Holding:

The trial judge was biased and the summary court judge was right in determining that.


Leave a Comment

You must be logged in to participate.

This document is a general discussion of certain legal and related issues and must not be relied upon as legal advice. This document may not have been written or reviewed by a legal practitioner. For more information, please see the website Terms of Service.