Thomson, Oshane v R

Criminal law-Conduct of defence-Failure on the part of defence counsel to properly represent and advance the appellant's case of self-defence during cross-examination-The impact of defence counsel's failure to properly put the appellant's case on the fairness of the trial and verdict-The role of a trial judge-Judicial duty to engage counsel on the key issues-Unfavorable judicial comment on unraised defence-Whether trial judge erred in failing to consult defence counsel-Retrial-Whether a new trial should be ordered-Factors to be considered-Section 14(2) of the Judicature (Appellate Jurisdiction) Act