What is a potential consequence if a Crown breaches their disclosure obligations?

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The potential consequence of a Crown’s breach of disclosure obligations is entering a judicial stay of proceedings. This means that if the Crown fails to disclose evidence that is material to the defense, it may impede a fair trial. Consequently, the court can issue a stay of proceedings to prevent an unfair trial from occurring. The rationale behind this is to ensure that the accused’s right to a fair trial is upheld and that they can adequately prepare their defense based on all pertinent evidence. A judicial stay effectively pauses or halts the prosecution's case until rectified, and is a remedy aimed at addressing the unfairness caused by the lack of disclosure.

In this context, immediate acquittal, sanctions on the judge, or termination of the case against the accused do not directly relate to the consequences of a disclosure breach. A stay of proceedings is the appropriate legal recourse to maintain the integrity of the judicial process.

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