Yesterday, we took a detailed look at the Court’s civil procedure decisions.  Today, we’re taking a look at the Court’s criminal procedure cases.

In 1990, the Court affirmed 6 prosecution wins in criminal procedure cases.  The Court affirmed 3 times in 1991, twice in 1993 and 1994, 1 time in 1995, 2 in 1996, five per year in 1997 and 1998, 3 times in 1999 and 1 time in 2000.  The Court affirmed 2 prosecution wins in 2001, 1 in 2002, 5 in 2003, 3 in 2004, 5 in 2005, 8 in 2006, two in 2007, 9 in 2009 and 4 in 2010.  The Court affirmed 2 prosecution wins in criminal procedure cases in 2011, 3 in 2012, 2 in 2013, 3 in both 2014 and 2015, 2 in 2016, and four times in 2017.

The Court reversed twice in prosecution wins involving criminal procedure in 1990.  The Court had one reversal in 1991, 2 in 1992 and 1994, 1 in 1995, 3 in 1996, 2 in 1997, 1 in 1998, 5 in 1999 and 1 in 2000.  The Court reversed 4 times in 2001, twice in 2002, 3 times in 2003, twice in 2004, 1 in 2005, 4 times in 2006, 3 times in 2007, 5 times in 2009 and once in 2010.  The Court reversed 3 times in 2011, once in 2012, 2 times in 2013, once in 2014 and 2016, and 5 times in 2017.

We review the Court’s record with defendants’ wins from the Court of Appeal in Table 726 below.  The Court affirmed 3 times in 1990, 6 in 1991, 3 in 1992, 2 in 1993, 4 in 1994, 2 in 1995, 3 in 1997, 1 in 1998, 2 in 1999 and 5 in 2000.  The Court affirmed 1 defendant’s win per year in 2001, 2002 and 2004, 5 in 2005 and 3 in 2006 and 2009.  The Court affirmed 1 defendant’s win per year in 2011, 2012 and 2013 and 2 wins a year in 2014, 2015 and 2016.

The Court reversed 7 defendants’ wins in 1990.  The Court reversed 6 defendants’ wins in 1991, 4 in 1992, 3 in 1993, 5 in 1994, 4 in 1995, 1 in 1996, 3 in 1997, 4 in 1999 and 2 in 2000.  The Court reversed 2 defendants’ wins in 2001, 4 in 2002, 5 in 2003, 6 in 2004 and 2006, 2 in 2007, 7 in 2009 and 9 in 2010.  The Court reversed 6 defendants’ wins in 2011, 3 in 2012, 4 in 2013, 3 in 2014, 4 in 2015, 2 in 2016 and 3 in 2017.

Curiously, the Court has reversed almost exactly as often in criminal procedure and civil procedure cases since 1990 – 55.37% (150 reversals in whole or in part of 307 cases) in criminal procedure cases, 55.19% in civil procedure cases.

Between 1990 and 2000, the Court reversed in 51.67% of its criminal procedure cases.  The Court reversed in 57.02% of its 121 criminal procedure cases between 2001 and 2010.  Between 2011 and 2017, the Court reversed 59.09% of the criminal procedure cases it decided.

Join us back here next Tuesday as we turn our attention to a new issue.

Image courtesy of Flickr by Ken Lund (no changes).

Join us back here next Tuesday as we turn our attention to a new issue.

Image courtesy of Flickr by Ken Lund (no changes).