What is the test for giving directions to a jury in a sexual assault case?
British Columbia, Canada
The following excerpt is from R. v. Quinn, 2009 BCCA 267 (CanLII):
In the course of giving directions to a jury, it is essential that the trial judge outline for them the theory or position of the defence and refer the jury to the essential elements bearing on that defence in such a way that it will ensure the jury’s proper appreciation of the evidence. See Azoulay v. The Queen, 1952 CanLII 4 (SCC), [1952] 2 S.C.R. 495, 104 C.C.C. 97 (S.C.C.); Colpitts v. The Queen, 1965 CanLII 2 (SCC), [1965] S.C.R. 739, [1966] 1 C.C.C. 146, 52 D.L.R. (2d) 416 (S.C.C.).
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