Majority
English version of the judgment of the Court delivered orally by
Lamer C.J.
Lamer C.J. ‑‑ We are all of the view that the judge's charge to the jury, although open to criticism, essentially succeeded in making clear to them the applicable law, the relevant facts, and the theory of the Crown and of the defence so that we can conclude that the accused had a fair and equitable trial. The judge erred in treating s. 231(3) as though it were an independent offence. In view of the particular circumstances of the case, however, this error is of no consequence and could not have had any impact on the jury's deliberations.
This appeal as of right is accordingly dismissed.
Judgment accordingly.
Solicitors for the appellant: Robichaud, Godin, Williamson, Theriault & Johnstone, Bathurst, New Brunswick.
Solicitor for the respondent: The Department of Justice, Fredericton.
Statutes and regulations cited
-
Unresolved citations
- s. 231(3)