The appellant was convicted of second degree murder.
He appealed on the grounds that the trial judge inadequately instructed the jury on section 21(1) of the Criminal Code and erred in permitting the Crown to cross-examine him on his prior testimony from another trial.
The Supreme Court of Canada allowed the appeal, finding that the jury instructions lacked clarity and that the cross-examination violated section 13 of the Charter, as there was a realistic danger the prior testimony could be used to incriminate the appellant.
A new trial was ordered.
