R v MRS, 2020 ONCA 667


The Factor

Used to be the jury rate “overlong and needlessly difficult” in a fashion that impacted the equity of the trial [para 4]? Used to be the jury rate “excessively lengthy and so encumbered with useless data” that it diverted the jury’s consideration within the way mentioned in R v Rodgerson, 2015 SCC 38 at paras 50-52.

The Resolution

Albeit in obiter, the court docket famous two issues. First, the long recitation of proof heard by way of the jury used to be useless and ran the chance of taxing “the powers of the jurors’ focus, expanding the chance of misunderstanding and inattention” [para 108].

2nd, use of huge extracts of type jury rate directions, some on issues no longer in factor, used to be useless and opposite to the steerage in R v Rodgerson, 2015 SCC 38 at paras 51-53.

The Superb Print 

The Court docket of Attraction introduced some correction and steerage associated with how trial pass judgement on’s will have to increase their jury directions – necessary steerage possibly the place such a lot of jury trials lead to a success appeals associated with impugned directions:

First, “a bulk recitation of the entire proof heard on the trial, with out discrimination or research, is of no help to the jury”: Barreira, at para. 30. Certainly, as this example presentations, it’s apt to do extra hurt than excellent. The jury rate used to be unnecessarily lengthy in what used to be an easy case. As regards to part of the rate, 84 of the 192 transcript pages, used to be devoted to summarizing testimony that the jury had heard immediately. This no longer simplest taxed the powers of the jurors’ focus, expanding the chance of misunderstanding and inattention, it resulted within the prejudicial repetition of an important quantity of collateral unhealthy persona proof. The trial pass judgement on would were higher recommended to have forgone this a part of the rate and focussed as a substitute at the abstract she introduced of the fabric proof related to the problems.

2nd, as a substitute of figuring out the criminal problems that required rationalization, the trial pass judgement on integrated huge extracts from a type rate guide in terms of issues no longer in factor. In Rodgerson, at paras. 51-53, Moldaver J. counselled towards doing so and instructed trial judges to isolate related criminal directions. Felony instructions are ceaselessly conceptually difficult. Within the pursuits of potency and focal point, jurors will have to no longer be taxed with criminal instruction on issues that aren’t in factor, as passed off on this case.

Certainly, one of the most criminal problems mentioned within the rate used to be no longer simplest no longer a reside factor however used to be no longer correctly ahead of the jury. The kids complainants had been minors, legally incapable of consenting to the alleged attacks, but the jury used to be trained within the legislation of consent in terms of the attack fees towards the youngsters, together with components that vitiate consent, none of which carried out. [Paras 108-110].

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