The appellant appealed his conviction for second degree murder following his third trial for the offence.
He argued the trial judge erred by failing to conduct an inquiry into juror bias after receiving a note expressing safety concerns, by giving inadequate instructions on eyewitness identification, and by refusing to grant a mistrial over the Crown's closing remarks.
The Court of Appeal dismissed the appeal, finding that the jury's withdrawal of the note negated the need for an inquiry, the identification instructions were adequate, and the trial judge properly exercised his discretion in addressing the Crown's remarks with an ameliorative instruction.
