Citation: R. v. W.J.T., 2003 NSCA 107
Date: 20021014
Docket: CA186193
Registry: Halifax
Between:
W. J. T.
Appellant
v.
Her Majesty The Queen
Respondent
Judge: Roscoe, J.A.
Appeal Heard: October 6, 2003
Subject: Criminal Law, jury instruction, similar fact evidence, curative provision
Summary: The appellant was found guilty by a jury of five counts of assaulting his children with weapons. It was conceded by the Crown on appeal, that the trial judge erred by not instructing the jury on the issue of similar fact evidence.
Issue: Whether the error was harmless?
Result: Appeal allowed. New trial ordered. The Crown did not meet the burden of demonstrating that the curative provision should be applied.
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