Supreme Court


Trial

CHARGE TO JURY
Accused entitled to properly instructed jury, not perfectly instructed jury

Both accused admitted to being in victim’s apartment when victim’s throat slashed and he bled to death but each blamed other for murder. Convictions for each accused of second degree murder upheld. Considered as whole, trial judge’s charge left jury with sufficient understanding of facts as they related to relevant issues. Accused entitled to properly instructed jury, not perfectly instructed jury. Charge adequately conveyed to jury that intoxication would affect accused’s intent whether he was sole murderer or whether he participated in murder. Trial judge repeatedly told jury that intoxication could raise doubt about whether accused had intent for murder and instructed regarding intent required to aid or abet.

R. v. Waite (Feb. 21, 2014, S.C.C., McLachlin C.J.C., Cromwell J., Moldaver J., Karakatsanis J., and Wagner J., File No. 35499) Decision at 107 W.C.B. (2d) 741 was affirmed.  112 W.C.B. (2d) 102.

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