Court of Appeal

Judge:

The Honourable Justice David P.S. Farrar

Appeal Heard:

March 22, 2016, in Halifax, Nova Scotia

Subject:

Criminal Law. Jury Charge on Aggravated Assault and Possession of a Weapon for the Purpose of Committing an Offence. Duty to Review and Relate the Evidence to the Issues.

Summary:

In the early morning hours of August 16, 2011, an altercation occurred in downtown Halifax which resulted in an individual being cut with a knife.  There were a number of altercations occurring within the same general area over a 10 to 15 minute period.  Mr. Melvin was charged with aggravated assault on the victim, and assault with a weapon on two other individuals and possession of a weapon for the purpose of committing an offence.  He was convicted of aggravated assault and possession of a weapon for the purpose of committing an offence. He was found not guilty on the remaining charges.  At trial, the issue was whether the appellant was the individual who stabbed the victim.  On appeal, the appellant claimed that the trial judge had failed to properly charge the jury.

Issues:

Did the trial judge fulfil his duty to properly charge the jury and, in particular, did he fail to relate the evidence to the issues that the jury had to decide?

Result:

The trial judge in his main charge, and in response to a question from the jury, failed to adequately relate the evidence to the issues the jury had to decide and the key issue before it, that is, whether Mr. Melvin was the individual who stabbed the victim.  The appeal is allowed and a new trial ordered.