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Archive For Entries On Rojas (2008)

No More Duncan Instruction in Canada (so why say it?)

Duncan instruction The Duncan instruction, originating from the 1981 decision of the English Court of Appeal in R. v. Duncan, 73 Cr App R 359, is a trial judge’s direction given to a jury where a mixed statement – containing both inculpatory and exculpatory parts – is admitted into evidence: [W]here appropriate, as it usually [...]