Timothy J. Russell

The appellant appealed his convictions for breaking and entering and sexual assault, arguing the trial judge erred in instructing the jury on the use of a third party suspect's criminal record.

The Supreme Court of Canada dismissed the appeal.

The majority held that while the trial judge erred in law by instructing the jury that the third party's criminal record could only be used to test credibility, the error did not occasion a substantial wrong or miscarriage of justice under the curative proviso.

The dissenting justices would have allowed the appeal and ordered a new trial, finding the error was significant and the evidence against the accused was not overwhelming.

The appellant appealed his conviction for second degree murder, arguing the trial judge erred in the recharge to the jury regarding his criminal record and by failing to instruct the jury on post-offence conduct.

The Supreme Court of Canada dismissed the appeal, finding that the recharge on the criminal record could not have misled the jury when read in context.

The Court also held there was no error in failing to instruct on post-offence conduct, noting such an instruction was not requested at trial.