R v Cogley

The case of R v Cogley involved a defendant facing a charge of murder. The matter was heard in the Court of Criminal Appeal. The primary issue for the court was whether the publication of information regarding a prior trial on an internet site constituted grounds for discharging the jury. Another issue was whether the admission of such evidence at the trial was effectively agreed to or not objected to by the counsel, and if the applicant was bound by counsel's decision. The final issue was whether the circumstances amounted to a miscarriage of justice.

The court examined the principle that an accused is bound by the decisions of their counsel, especially when those decisions pertain to procedural matters such as the admission of evidence. The court also considered whether the publication of the prior trial information on the internet constituted a substantial or unsafe risk of prejudice that would lead to a miscarriage of justice. The court held that the applicant was bound by counsel's decision not to object to the evidence, and that there was no miscarriage of justice in this instance. The court further determined that the publication of the information on the internet did not constitute a substantial or unsafe risk of prejudice to the applicant.

The Court of Criminal Appeal dismissed the appeal. The court found that the applicant was bound by the decisions of his counsel and that there was no miscarriage of justice in the circumstances. The court concluded that the admission of the evidence did not unfairly prejudice the applicant and did not result in a miscarriage of justice. Consequently, the conviction and sentence of the applicant remained intact.