R. v. Terceira, [1999] 3 S.C.R. 866

John Carlos Terceira Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Terceira

File No.: 26546.

1999: December 16.

Present: Gonthier, McLachlin, Iacobucci, Major, Bastarache, Binnie and Arbour JJ.

on appeal from the court of appeal for ontario

Criminal law – Evidence – DNA evidence – Admissibility of DNA evidence – Accused convicted of first degree murder – No error found in trial judge’s approach to dealing with DNA evidence – Voir dire and charge to jury fair and balanced – Court of Appeal’s reasons substantially confirmed – Accused’s conviction upheld.

APPEAL from a judgment of the Ontario Court of Appeal (1998), 1998 ONCA 2174, 38 O.R. (3d) 175, 107 O.A.C. 15, 123 C.C.C. (3d) 1, 15 C.R. (5th) 359, [1998] O.J. No. 428 (QL), dismissing the accused’s appeal from his conviction for first degree murder. Appeal dismissed.

Russell S. Silverstein and David M. Tanovich, for the appellant.

Shawn D. Porter, for the respondent.

The judgment of the Court was delivered orally by

[1] Iacobucci J. — We find no error in the careful approach taken by Campbell J. in dealing with the DNA evidence in this case. In our view, his conduct of the voir dire and his charge to the jury were particularly fair and balanced. We also agree substantially with the reasons of Finlayson J.A. in the Ontario Court of Appeal.

[2] Accordingly, this appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: Pinkofsky, Lockyer, Toronto.

Solicitor for the respondent: The Ministry of the Attorney General, Toronto.