Breana Vandebeek

The Crown appealed the acquittal of the respondent on a charge of importing cocaine.

The respondent relied on the defence of duress, claiming he was forced at gunpoint in Jamaica to swallow cocaine pellets.

The Crown argued the trial judge erred in his responses to jury questions regarding the 'reasonable person' standard and the 'safe avenue of escape' element of duress.

The Court of Appeal dismissed the appeal, finding that while the trial judge's examples were extreme and his language could have been better, the jury would not have been confused about the essential legal standards.

The appellant appealed his criminal conviction, arguing the trial judge improperly relied on demeanour, reversed the burden of proof, and misapprehended evidence regarding a dropped wallet and lack of injuries.

The Court of Appeal dismissed the appeal, finding the trial judge did not improperly rely on demeanour or reverse the burden of proof, and that any misapprehension of evidence was not material.