Sopinka J.
Sopinka J. -- In this appeal a new trial was ordered by the Court of Appeal (1995), 161 N.B.R. (2d) 215, 414 A.P.R. 215, 98 C.C.C. (3d) 121, on a number of grounds based on errors in the charge to the jury. We have concluded that the address to the jury by Crown counsel exceeded the limits laid down by this Court in Boucher v. The Queen, [1955] S.C.R. 16.
In the circumstances the trial judge ought to have specifically directed the jury with respect to these improprieties. The charge by the trial judge was inadequate in this respect.
With respect to the other grounds, counsel for the respondent properly conceded that the Court of Appeal erred in finding that the trial judge’s charge was defective in treating as corroborative, evidence that did not implicate the accused. Such evidence need not, although it may, implicate the accused. We find no error in the charge in respect of this ground nor in the charge relating to the alibi evidence.
The appeal is dismissed. In the circumstances, it is unnecessary to consider the application to adduce fresh evidence.
Cases cited
- 161 N.B.R. (2d) 215 161 N.B.R. (2d) 215 ¶ 1
- Boucher v. The Queen scr-1955-16 ¶ 1