Judgment of the Court
The judgment of the Court was delivered by
(a) Notwithstanding the finding of prejudicial errors on the part of the trial Judge, no reasonable jury properly charged could have come to any other conclusion than the guilt of the accused?; and
(b) In finding there was no substantial wrong or miscarriage of justice?
(a) The trial Judge was right in his instructions to the jury as to reasonable doubt regarding the victims acting in the course of duty; and
(b) In holding that the jury in finding capital murder was correct?
The Appellants respectfully submit that the Court of Appeal for the Province of New Brunswick erred in findings under both points 1 and 2.
[Page 723]
At the commencement of the argument, counsel for the appellants expressly withdrew the point outlined in para. 2(a) above.
In his very carefully considered reasons, Limerick J.A. dealt with the trial and with the judge’s charge and then summarized his conclusions as follows:
In summation the trial Judge made certain errors during the trial, specifically:
1. In failing to reprimand Crown Counsel for his use of the word “fiction” and not instructing the jury to disregard it.
2. In not more fully specifying the evidence which was admissible against one accused and not against the other.
Footnotes
- [1] (1975), 7 A.P.R. 376; (1975), 7 A.P.R. 327; (1975), 26 C.C.C. (2d) 423.
- [2] [1965] S.C.R. 739.
Statutes and regulations cited
-
Unresolved citations
- para. 2(a) ¶ 2