Philip B. Norton

The appellant was convicted of attempted murder, robbery, and forcible confinement after a third trial, the first two having resulted in hung juries.

On appeal, the appellant argued the trial judge erred in failing to give a limiting instruction regarding the lead police investigator's testimony, which included hearsay and personal opinions on the appellant's guilt.

The Court of Appeal allowed the appeal, finding that the failure to provide a limiting instruction was a fatal error that could have led the jury to believe the police possessed undisclosed inculpatory evidence.

The court declined to apply the curative proviso given the prior hung juries, and entered a stay of proceedings rather than ordering a fourth trial.

The appellant was convicted of second degree murder.

On appeal, he argued that his right to the assistance of an interpreter under s. 14 of the Charter was violated because his assigned interpreter was not accredited.

He also raised several grounds of appeal relating to the trial judge's jury instructions on identification evidence, the mental element for murder, post-offence conduct, and intoxication, as well as evidentiary rulings.

The Court of Appeal dismissed the appeal, finding that the appellant failed to establish a violation of his s. 14 Charter rights, as he had agreed to the interpreter arrangement and never complained of any lack of understanding during the trial.

The Court also found no reversible errors in the jury instructions or evidentiary rulings.

The appellant was tried by a jury for attempted murder and breach of probation.

The jury acquitted him of attempted murder but convicted him of aggravated assault.

The trial judge inadvertently instructed the jury on self-defence under s. 34(1) of the Criminal Code instead of s. 34(2), despite agreement among counsel that only s. 34(2) applied.

The Crown conceded this was a serious legal error.

Additionally, the trial judge withdrew the breach of probation count from the jury and recorded the conviction himself, which he lacked jurisdiction to do.

The Court of Appeal allowed the appeal, set aside both convictions, and ordered a new trial.