The Crown appealed from an order granting a new trial following an aggravated assault conviction arising from a gang attack.
The Supreme Court agreed that the jury charge on the defence theory was inadequate and that a new trial was required.
On the fresh evidence issue, the majority held that issue estoppel remains part of Canadian criminal law but is confined to preventing the Crown from relitigating issues previously determined in the accused’s favour, including findings grounded in reasonable doubt.
The Court rejected the contention that a later acquittal on an obstruction charge retrospectively rendered post-offence phone call evidence inadmissible in the earlier trial.
