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R. v. Simpson - (30 Jul 2015)

Supreme Court deliberates on 'colour of right'



The Supreme Court, elaborating on a "remarkably short" trial court analysis, held that the evidentional foundation establishing colour of right was suspect. It noted that even if the 'colour of right' defence could advance a subjective expectation, the Respondents had to show that the expectation was objectively reasonable. The Court remanded the matter for fresh trial.


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