CITATION: R. v. Abou-Akrouche, 2011 ONCA 154

DATE: 20110228

DOCKET: C49413

COURT OF APPEAL FOR ONTARIO

Winkler, C.J.O., Rosenberg and Goudge JJ.A.

BETWEEN

Her Majesty The Queen

Respondent

and

Najah Abou-Akrouche

Appellant

Monte MacGregor, for the appellant

Susan G. Ficek, for the respondent

Heard and endorsed: February 25, 2011

On appeal from conviction by Justice Heidi Polowin of the Superior Court of Justice, sitting with a jury, dated March 6, 2008.

APPEAL BOOK ENDORSEMENT

[1] The Crown properly concedes that there was a serious error relating to self-defence in the main charge to the jury and again in the answer to a question from the jury. While self-defence was only left with the jury in relation to the charges of assault and assault with a weapon, in our view, the misdirection affected all the charges given that this was one continuous series of events that occurred over a very short period. In particular, the jury may well have taken a different view of the dangerous driving charge had they found the appellant’s initial encounter with the complainant was lawful because he acted in self-defence.

[2] Accordingly, the appeal is allowed, the conviction set aside and a new trial ordered.