A trial judge's exclusionary discretion in a criminal trial extends only to admissible Crown evidence and does not permit the exclusion of admissible evidence that an accused proposes to call. In a joint trial, the discretion cannot be exercised in favour of one co-accused to the detriment of another; rulings on proposed evidence must be decided as if the accused is being tried alone. The wrongful exclusion of relevant defence evidence going to the accused's state of mind resulted in a miscarriage of trial.
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