Richard N. Stern

The appellant appealed his convictions for attempted murder and related weapons offences following a jury trial.

He argued that the trial judge erred in the charge to the jury regarding the complainant’s credibility, the burden of proof, a corrective instruction addressing an improper defence comment, and a comment on identification evidence.

The court held that the charge, read as a whole, fairly and adequately presented the defence theory and did not mislead the jury on burden of proof.

The trial judge’s comments were either proper or adequately qualified.

The conviction appeal was dismissed.