In a criminal appeal as of right, the Court addressed whether an erroneous jury instruction on fabrication of alibi and evidentiary rulings required appellate intervention.
The Court confirmed that an alibi-fabrication instruction must be limited to an inference of consciousness of guilt and requires independent evidence linking the accused to deliberate fabrication.
Although the instruction was erroneous, the Court held the evidence against the accused was overwhelming.
Applying the curative proviso in s. 686(1)(b)(iii) of the Criminal Code, the convictions for first degree murder and attempted murder were upheld.
