Difference between revisions of "R. v. Kossyrine and Vorobiov"

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Mr. Kossyrine, Mr. Vorobiov, and Mr. Ross were charged with first degree murder. Before jury selection commenced, Mr. Ross entered a guilty plea. The remaining accused Kossyrine and Vorobiov applied for a publication ban on Mr. Ross's plea until their own trial was completed. They argued that Mr. Ross's guilty plea might taint prospective jurors. Notice was given to the media and counsel for the Toronto Star and CBC appeared.  
 
Mr. Kossyrine, Mr. Vorobiov, and Mr. Ross were charged with first degree murder. Before jury selection commenced, Mr. Ross entered a guilty plea. The remaining accused Kossyrine and Vorobiov applied for a publication ban on Mr. Ross's plea until their own trial was completed. They argued that Mr. Ross's guilty plea might taint prospective jurors. Notice was given to the media and counsel for the Toronto Star and CBC appeared.  
  
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Justice Nordheimer applied the two-part 'Dagenais' test.
  
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On the first prong of the test Justice very thoughtfully questioned whether or not the Court should accept the presumption that any exposure of prospective jurors to media reports about a case will automatically compromise the accused's opportunity to receive a fair trial. He took notice of the fact that there had already been considerable media exposure on this case and that the Crown and Defense were both prepared to deal with that reality through the "challenge for cause" process.
  
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He goes on to look at the particular facts in the case and considered whether it was logical to conclude in this case that publication of Mr. Ross's guilty plea and surrounding facts would reasonably compromise the fair trial. He found that since
  
 
[[Media:R. v. Kossyrine and Vorobiov.image.pdf |R. v. Kossyrine and Vorobiov, ONSC #6081. (Scanned Image)]]
 
[[Media:R. v. Kossyrine and Vorobiov.image.pdf |R. v. Kossyrine and Vorobiov, ONSC #6081. (Scanned Image)]]
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[[Category:Cases]]
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[[Category:Court_and_Tribunal_Openness_Cases]]
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[[Category:Publication_Ban_Cases]]

Revision as of 14:20, 15 October 2011

Summary

Mr. Kossyrine, Mr. Vorobiov, and Mr. Ross were charged with first degree murder. Before jury selection commenced, Mr. Ross entered a guilty plea. The remaining accused Kossyrine and Vorobiov applied for a publication ban on Mr. Ross's plea until their own trial was completed. They argued that Mr. Ross's guilty plea might taint prospective jurors. Notice was given to the media and counsel for the Toronto Star and CBC appeared.

Justice Nordheimer applied the two-part 'Dagenais' test.

On the first prong of the test Justice very thoughtfully questioned whether or not the Court should accept the presumption that any exposure of prospective jurors to media reports about a case will automatically compromise the accused's opportunity to receive a fair trial. He took notice of the fact that there had already been considerable media exposure on this case and that the Crown and Defense were both prepared to deal with that reality through the "challenge for cause" process.

He goes on to look at the particular facts in the case and considered whether it was logical to conclude in this case that publication of Mr. Ross's guilty plea and surrounding facts would reasonably compromise the fair trial. He found that since

R. v. Kossyrine and Vorobiov, ONSC #6081. (Scanned Image)

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