The appellants were convicted of unlawful confinement and firearms offences following a home invasion.
During closing addresses, the Crown improperly suggested to the jury that the complainant's prior statements to police and at the preliminary inquiry, which were not in evidence, were consistent with her trial testimony and therefore proved she was telling the truth.
The trial judge refused a mistrial application and failed to provide a limiting instruction.
The Court of Appeal allowed the appeal and ordered a new trial, finding the Crown's comments invited the jury to make erroneous use of the evidence and the trial judge's failure to correct the error was fatal.
