Court of Appeal

Summary: In case of sexual assault, issue for jury was credit ability - trial judge correctly charging jury on issues of presumption of innocence and reasonable doubt and related reasonable doubt to credit ability - after retiring to deliberate, jury returning with question for trial judge - trial judge correctly recharging jury on issues referred to in question - trial judge not, however, in recharging on reasonable doubt, making reference to application of reasonable doubt to credit ability - jury returning with verdict of guilt - court finding that jury could not have been left in any confusion by omission to relate reasonable doubt to credit ability in recharge. Supreme Court of Canada clearly stating that failure to use precise language of formula set out in that case in jury charge is not fatal if the charge, when read as a whole, makes it clear that the jury could not have been under any misapprehension as to the correct burden and standard of proof to apply - in light of original instructions by trial judge on issue of credit ability and explanations given to jury on issue of in reasonable doubt both in charge and recharge, court not seeing how jury could have been left in any confusion
Abstract: Omission to recharge jury on the application of reasonable doubt to creditility
Decision: Dismissed
Subjects: Criminal law - Juries - Charge to jury