Her Majesty the Queen v. Sodhi [Indexed as: R. v. Sodhi]
66 O.R. (3d) 641
[2003] O.J. No. 3397
Docket No. C28915
Court of Appeal for Ontario
Carthy, Moldaver and Feldman JJ.A.
September 8, 2003
*Application for leave to appeal to the Supreme Court of Canada was filed January 30, 2004, and submitted to court June 21, 2004.
Criminal law -- Appeals -- Proviso -- Trial judge erring in admitting statements of accused to police -- Two statements having no probative value and other two having negligible probative value -- Prejudicial effect of statements outweighing their probative value -- Circumstantial case against accused overwhelming -- Error having no impact on verdict -- Application of curative proviso appropriate -- Criminal Code, R.S.C. 1985, c. C-46, s. 686(1)(b)(iii).
Criminal law -- Evidence -- Admissibility of evidence -- Accused's statement to police -- Prejudicial effect -- Accused charged with murdering his wife -- Trial judge erring in admitting conversations between accused and police in which accused stated that he wanted to answer their questions but could not do so on advice of counsel -- Prejudicial effect of statements outweighing their probative value -- Circumstantial case against accused overwhelming -- Application of curative proviso appropriate.
Criminal law -- Sentencing -- Murder -- Parole ineligibility -- Accused sentenced to life imprisonment without eligibility for parole for fourteen years for second degree murder of his wife -- Trial judge not erring in describing offence as brutal -- Accused's attempt to cover up crime and his persistent efforts to create suspicion that someone else had committed it constituting aggravating feature warranting significant increase in parole ineligibility period -- Accused's appeal from sentence dismissed.
Criminal law -- Trial -- Charge to jury -- Consciousness of guilt -- After-the-fact conduct -- Accused charged with murdering his wife -- Accused attempting suicide before his arrest and while he was under police investigation -- Identification of killer sole issue at trial -- Trial judge not erring in instructing jury that suicide attempt was capable of supporting inference of guilt.
Criminal law -- Trial -- Charge to jury -- Motive -- Accused charged with murdering his wife -- Defence witnesses testified as to soundness of accused's relationship with his wife and
