The appellant, Asim Shabbir, appealed his conviction for sexual assault, alleging fundamental errors in the trial judge's jury instructions.
The grounds of appeal included the failure to provide a "Villaroman" instruction regarding circumstantial evidence (specifically, the complainant's alleged drugging), inadequate instructions on assessing evidence inconsistencies, and a "Laboucan" error concerning the accused's credibility.
The Court of Appeal for Ontario dismissed the appeal, finding that the jury instructions, when read as a whole and in context, were functionally adequate.
The court noted the defence counsel's failure to object to the instructions at trial and that closing submissions could address certain gaps.
The court also found no error in the instruction regarding separate consideration of co-accused.
