Tuesday, March 26, 2013

Inconsistent verdicts - are the verdicts are supportable on any theory consistent with law?

R. v. S.L., 2013 ONCA 176 holds:

 [5] In a jury trial on a multi-count indictment against a single accused, a claim of inconsistent verdicts turns on the question whether the verdicts are supportable on any theory of the evidence consistent with the trial judge’s proper legal instructions: see R. v. J.F., 2008 SCC 60, [2008] 3 S.C.R. 215, at para. 23; R. v. Pittiman, 2006 SCC 9, [2006] 1 S.C.R. 381, at para. 7. Here, the verdicts will be supportable if the trial judge’s instructions were proper legal instructions that could have led the jury to accept a theory of the evidence producing these verdicts.

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