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R. v. Escobar-Benavidez

2005 SCC 68 [2005] 3 SCR 386 Court SCC Decision date 2005-11-18 Docket 30917 English

PartiesElidio Donato Escobar‑Benavidez Appellant·Her Majesty The Queen Respondent

Judges McLachlin, Beverley; Bastarache, Michel; LeBel, Louis; Deschamps, Marie; Fish, Morris J.; Abella, Rosalie Silberman; Charron, Louise

Delivered by Reasons

On appeal from British Columbia

Subjects Criminal law

Contents

Reasons for judgment

The Chief Justice — We would all dismiss the appeal. The recharge on the criminal record, read in context, could not have misled the jury. Moreover, we conclude that the trial judge did not err in failing to instruct the jury on post‑offence conduct which, we note, was not requested.
Absent error, there is no need to consider the issue of the application of s. 686(1)(b)(iii) of the Criminal Code , R.S.C. 1985, c. C‑46 .
The appeal is dismissed and the verdict of the jury is confirmed.

Statutes and regulations cited