The appellant appealed his conviction for first degree murder, arguing that the trial judge's lengthy jury charge was misleading and that there was insufficient evidence to support a finding that the murder occurred during a sexual assault.
The Supreme Court of Canada dismissed the appeal, holding that while the 2.5-day charge was not perfect and the practice of reading extended passages from notes is discouraged, it did not mislead the jury or impact trial fairness.
The Court also found sufficient circumstantial evidence for a reasonable jury to conclude the murder occurred during a sexual assault.
