What is the decisive ground of appeal in a sexual assault case where the trial judge failed to relate the evidence crucial to the defence to the issues to be decided by the jury?
Manitoba, Canada
The following excerpt is from R. v. Beltran, 2007 MBCA 141 (CanLII):
10 The decisive ground of appeal, as I see it, is the trial judge’s alleged failure to relate the evidence crucial to the defence to the issues to be decided by the jury. The trial judge’s obligation to do so is derived from a long-established rule. In Azoulay v. The Queen, 1952 CanLII 4 (SCC), [1952] 2 S.C.R. 495, Taschereau J. (as he then was) stated (at pp. 497-98): … The rule which has been laid down, and consistently followed is that in a jury trial the presiding judge must, except in rare cases where it would be needless to do so, review the substantial parts of the evidence, and give the jury the theory of the defence, so that they may appreciate the value and effect of that evidence, and how the law is to be applied to the facts as they find them. ….
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