By John L. Hill (August 31, 2022, 9:54 AM EDT) -- In the opening act of Shakespeare’s Macbeth, the second of the three witches said that they will meet again, “When the battle’s lost and won.” The paradox contained in the line can be troublesome for readers. A similar paradox is probably just as troublesome for readers of the recently decided appeal R. v. Murphy [2022] O.J. No. 3791. It was also a case that was lost and won....