De Minimus rule and prosecution requisitions

johnnyskeleton

Does the De Minimus rule prohibit the prosecution from raising matters in requisitions which they did not raise in their closing speech?

If they, for example, deliberately left a crucial point over until after requisitions does it breach the accused's right to a fair trial that this point will get undue emphasis?

Tom Young

I have been musing over this for some time now. I'd have thought not, unless the prosecution case relies on the less issue(s) to compound a charge. In general terms I understood the De Minimus rule to apply where the prosecution if, having regard to the nature of the conduct charged to constitute an offence and the nature of the attendant circumstances, it finds that the defendant's conduct:

a. Was within a customary licence or tolerance, neither expressly negated by the person whose interest was infringed nor inconsistent with the purpose of the law defining the offense;

b. Did not actually cause or threaten the harm or evil sought to be prevented by the law defining the offense or did so only to an extent too trivial to warrant the condemnation of conviction; or

c. Presents such other extenuations that it cannot reasonably be regarded as envisaged by the Legislature in forbidding the offense. The assignment judge shall not dismiss a prosecution under this section without giving the prosecutor notice and an opportunity to be heard. The prosecutor shall have a right to appeal any such dismissal