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Appeal from convictions for first degree murder and conspiracy dismissed for reasons of the majority below.
The appellant appealed his convictions for first degree murder and conspiracy to commit murder, challenging the admissibility of the murder weapon found after statements he made following prolonged detention.
The Supreme Court of Canada dismissed the appeal as of right, substantially for the reasons of the majority of the Court of Appeal of Quebec.
Appeal allowed and new trial ordered due to misleading jury instructions on reasonable doubt.
The appellant was convicted of first degree murder.
At trial, the judge instructed the jury on the concept of 'beyond a reasonable doubt' by comparing it to the degree of certainty used in everyday activities, specifically using the example of checking the oil level in an automobile.
The Supreme Court of Canada held that using everyday examples to explain reasonable doubt is misleading and can lower the requisite standard of proof.
The Court found a reasonable likelihood that the jury misapprehended the standard of proof, allowed the appeal, and ordered a new trial.
