Summary
35499
Alvin Daniel Waite v. Her Majesty the Queen
(Alberta) (Criminal) (As of Right)
Keywords
None.
Summary
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Criminal law - Charge to jury - Whether the trial judge erred by failing to advise the jury that if it found that a co-accused had admitted, in an out-of-court statement, that he was the one who killed the victim, or alternatively, that he was the person who slit the victim’s throat, the admission could be used in determining the accused’s culpability - Whether the trial judge erred by failing to instruct the jury properly on the potential acquittal of both co-accused - Whether the trial judge erred in failing to adequately instruct the jury in relation to aiding and abetting, and intoxication.
The appellant and a co-accused, Michael Guignard, were charged with second degree murder in the death of Roy David. Mr. David died as a result of slash wounds to his neck. Both accused admitted to being in Mr. David’s apartment at the time of the homicide but each claimed that the other was solely responsible for Mr. David’s death. Neither testified at trial, nor did they call any evidence. The jury convicted them both of second degree murder. Both appealed their convictions, alleging inadequate jury instructions. Mr. Guignard died before the appeal was heard. The majority of the Court of Appeal dismissed the appellant’s appeal, holding that the appellant did not demonstrate any reviewable error in the trial judge’s instructions to the jury.
Lower Court Rulings
Court of Queen’s Bench of Alberta
051507812Q1
Court of Appeal of Alberta (Calgary)
0801-0092-A, 2013 ABCA 257
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