 |
| Patrick J Ducharme |
These applications have two separate and distinct possibilities. One may apply to sever the counts or one may apply to sever the accused. Severance will be allowed where the court is satisfied that it is in the interests of justice.
591(3): The court may, where it is satisfied that the interests of justice so require, order
(a) that the accused or defendant be tried separately on one or more of the counts; and
(b) where there is more than one accused or defendant, that one or more of them be tried separately on one or more of the counts.
(4) Order for severance — An order under subsection (3) may be made before or during the trial but, if the order is made during the trial, the jury shall be discharged from giving a verdict on the counts
(a) on which the trial does not proceed; or
(b) in respect of the accused or defendant who has been granted a separate trial.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
Subscribe to Patrick Ducharme's Youtube Channel