What is the defence of pheno- barbital?

Ontario, Canada


The following excerpt is from Rex v. Hilborn, 1946 CanLII 91 (ON CA):

5. The trial judge did not properly present the accused's defence, apart from insanity, to the jury. He dealt with it very briefly, and said nothing about the evidence that pheno- barbital was beneficial in small quantities, or the evidence as to known instances of very large numbers of such pills taken without fatal results, or about the accused's own previous experience with the use of the drug. He told them that it made no difference that the dead boy, because of weak kidneys, was particularly susceptible to the drug, or had an idiosyncracy to it: Akerele v. The King, supra.

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