Friday, May 6, 2016

A guilty plea by a co-accused, not called at trial, cannot be used to support the Crown’s case

R. v. C.G., 2016 ONCA 316:

[7]          This was an error. The trial judge also erred in using K.I.'s guilty plea to corroborate the evidence of the complainant. Had K.I. been available to be called as a witness – which he was not, as he died before the appellant's trial – his guilty plea would have been relevant to his credibility and to his own involvement in the sexual assault. However, a guilty plea by a co-accused, not called at trial, cannot be used to support the Crown's case. 

[8]          For example, in R. v. C. (P.), 2015 ONCA 30, 321 C.C.C. (3d) 49, a young offender was tried separately from four adults on a charge that he had aided and abetted a murder. The four adults pleaded guilty – one to murder, two to manslaughter, and one to aggravated assault. The trial judge instructed the jury that the guilty plea to murder by one of the four adults could be used as evidence against the accused. On appeal, this court held, at paras. 43-46, that the trial judge had erred:

The trial judge explained that the determination that Xiao had committed murder was the logical first step in deciding whether the appellant had aided and abetted Xiao in committing an unlawful act. She told the jury they could use that plea and conviction to conclude that Xiao had committed murder. 

The trial judge erred in law when she told the jury that it could use Xiao's guilty plea and conviction as evidence against the appellant. See R. v. Simpson, [1988] 1 S.C.R. 3; R. v. MacGregor (1981), 64 C.C.C. (2d) 353 (Ont. C.A.); R. v. Pentiluk (1974), 21 C.C.C. (2d) 87 (C.A.), at 92.

Xiao's guilty plea was no more than hearsay evidence that Xiao had committed murder, and could not be considered in determining the appellant's guilt. In R. v. MacGregor, Martin J.A. said, at pp. 357-58:

Admittedly, it was an error for the trial judge to fail to instruct the jury that in considering the case against the appellant they should disregard the pleas of guilty of manslaughter by the co-accused and that those pleas were not in any way to be taken into account in considering the case against the appellant.

This statement of the law was adopted by the Supreme Court in R. v. Simpson.

[9]          In the present case, it was an error for the trial judge to rely on K.I.'s guilty plea as support for the complainant's version of events.


ninest123 said...

oakley sunglasses, nike free, oakley sunglasses, uggs on sale, tory burch outlet, replica watches, michael kors, christian louboutin outlet, cheap oakley sunglasses, nike air max, ray ban sunglasses, louis vuitton outlet, nike air max, tiffany and co, louboutin outlet, prada outlet, nike outlet, oakley sunglasses, prada handbags, burberry, ray ban sunglasses, longchamp outlet, longchamp pas cher, polo ralph lauren outlet, longchamp, ugg boots, longchamp outlet, tiffany jewelry, ray ban sunglasses, jordan shoes, nike roshe run, kate spade outlet, ralph lauren pas cher, gucci outlet, louis vuitton, louboutin pas cher, sac longchamp, chanel handbags, oakley sunglasses, louis vuitton outlet, replica watches, ugg boots, louboutin shoes, air jordan pas cher, louboutin, nike free, louis vuitton, louis vuitton, polo ralph lauren outlet, air max

ninest123 said...

ugg boots, timberland, michael kors, hogan, ray ban pas cher, hermes, new balance pas cher, burberry outlet online, north face, coach outlet, kate spade handbags, sac guess, lacoste pas cher, nike roshe, true religion jeans, nike blazer, hollister pas cher, oakley pas cher, ugg boots, true religion jeans, michael kors outlet, coach purses, tn pas cher, ralph lauren uk, nike air max, michael kors outlet, michael kors outlet, lululemon, nike air max, michael kors outlet, coach outlet, hollister, north face, michael kors, michael kors outlet, ray ban uk, mulberry, abercrombie and fitch, nike air max, replica handbags, vanessa bruno, true religion jeans, vans pas cher, nike free run uk, burberry, converse pas cher, michael kors, michael kors, true religion outlet, air force

ninest123 said...

herve leger, timberland boots, giuseppe zanotti, iphone cases, insanity workout, mac cosmetics, reebok shoes, hollister, bottega veneta, vans shoes, soccer shoes, gucci, mont blanc, new balance, soccer jerseys, nike roshe, babyliss, converse, valentino shoes, ray ban, jimmy choo shoes, birkin bag, north face outlet, nike air max, baseball bats, nike air max, hollister, louboutin, nike trainers, instyler, ralph lauren, chi flat iron, hollister, ferragamo shoes, vans, nfl jerseys, converse outlet, mcm handbags, nike huarache, celine handbags, p90x workout, wedding dresses, abercrombie and fitch, north face outlet, longchamp, lululemon, ghd, oakley, asics running shoes, beats by dre

ninest123 said...

canada goose uk, louis vuitton, swarovski, thomas sabo, canada goose outlet, doudoune canada goose, supra shoes, links of london, karen millen, moncler, sac louis vuitton pas cher, pandora jewelry, ugg,ugg australia,ugg italia, hollister, wedding dresses, juicy couture outlet, canada goose, moncler, barbour jackets, marc jacobs, pandora charms, toms shoes, pandora charms, bottes ugg, coach outlet, montre pas cher, canada goose outlet, louis vuitton, moncler, louis vuitton, ugg pas cher, ugg boots uk, barbour, lancel, pandora jewelry, moncler, louis vuitton, moncler, swarovski crystal, juicy couture outlet, canada goose, moncler outlet, canada goose, moncler, replica watches, ugg,uggs,uggs canada, canada goose, moncler