In a criminal appeal from Manitoba, the appellant challenged a first degree murder conviction involving murder while committing sexual assault, arguing deficiencies in the jury charge.
The Court held that the trial judge adequately related the evidence to the offence elements and that the charge, read as a whole, properly explained the live issues and the defence theory.
The Court further held that a trial judge need not present speculative, fanciful, or far-fetched factual scenarios not advanced by counsel.
The appeal was dismissed, adopting the majority reasons of the provincial appellate court.
