Excluding Drug Evidence Criteria

Summary

Judges in New Brunswick evaluate drug evidence exclusion based on legality of search, chain of custody, and relevance. They also consider the seriousness of breach, impact on accuseds rights, and deterrence of future violations. Societys best interest can sometimes outweigh other factors, potentially leading to the admission of evidence even if other criteria favor exclusion.

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Seriousness of breach , society’s best interest and what else
It sounds like you are looking for additional criteria judges may consider. Along with the seriousness of the breach and society's best interest, judges often consider:
- Impact on the Accused's Rights: How the breach affects the accused's Charter rights.
- Deterrence of Future Violations: The need to deter police or other authorities from committing similar violations in the future.
Do you have any more specific questions or details about your case?
What if all points except society’s best interest favour exclusion
If all points except society’s best interest favor exclusion, a judge in New Brunswick may still decide to admit the evidence. The consideration of society's best interest can sometimes outweigh other factors, especially if the evidence is crucial to the administration of justice.
Do you have any other questions or need further clarification on this matter?