PROCEDURE - Jury - Questions by jury - Trial judge’s duties

Law360 Canada ( May 19, 2022, 6:26 AM EDT) -- Appeal by the accused from conviction for second degree murder. The victim was stabbed at an employee Christmas party with a work knife belonging to the appellant. The appellant claimed another guest, Chicas, brought the knife to the party and stabbed the deceased. The appellant picked up the knife when Chicas dropped it. Chicas grabbed the knife and only gave it back after the stabbing when Chicas told the appellant to get rid of it. The appellant threw the knife over the fence. The handle was bloodstained with a combination of blood from the deceased, the appellant, and an unknown source. The appellant alleged Chicas stabbed the deceased. The evidence of witnesses was inconsistent, implicating both the appellant and Chicas. The appellant argued the verdict was unreasonable and unsupported by the evidence adduced at trial, the closing address of the trial Crown caused a miscarriage of justice, the trial judge erred in failing to instruct the jury of the included offence of manslaughter, and the trial judge erred in denying the jury’s request for the testimony of four witnesses....
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