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. ….

Other Questions


What is the test for a preliminary inquiry judge conducting the preliminary inquiry into allegations of sexual assault? (Manitoba, Canada)
Can a duty judge recusal from a matter where there is evidence of bias? (Manitoba, Canada)
What is the argument that a jury can deal with complex legal and factual issues in a civil conspiracy trial? (Manitoba, Canada)
What is the test for leave to appeal against a conviction for sexual assault against an accused who has served his sentence? (Manitoba, Canada)
Is there any case law in which a similar fact evidence has been found to support an allegation of sexual assault made by one boy against another? (Manitoba, Canada)
In a motion for directed verdict, in what circumstances will the trial judge not have considered the evidence of Timothy? (Manitoba, Canada)
What is the authority of the trial judge to order a retroactive order from the interim judge? (Manitoba, Canada)
What is the test for granting adjournment in a sexual assault case? (Manitoba, Canada)
What is the standard of review for a trial judge's findings of fact and the inferences drawn by her? (Manitoba, Canada)
What is the test for a trial judge in a custodial variation proceeding? (Manitoba, Canada)

There are no other similar questions at this time.