PROCEDURE - Trial judge’s duties - Charge or directions

Law360 Canada (May 26, 2023, 5:53 AM EDT) -- Appeal by Savage from his conviction by jury for first-degree murder. He argued that the trial judge failed to charge the jury correctly on several matters. Savage and the deceased were friends. They were also involved together in a marijuana business. Several witnesses provided evidence that the deceased had lent money to Savage which was not repaid in full. The deceased went missing. His remains were discovered several months later. A friend of the deceased who was also involved in the drug trade, testified the deceased had told him shortly before he disappeared, that he was going to meet Savage. The deceased told this friend that he was concerned about going up north to meet Savage and provided the friend with the appellant’s name, a photo of the appellant, and the appellant’s address. The main prosecution witness was the former common law partner of Savage, Kinney. Kinney said the appellant provided a full confession to her, including that he had lured the deceased to an area under the pretext of looking for a place to grow marijuana, and he shot the deceased in the heart. Appellant denied killing the deceased....
LexisNexis® Research Solutions

Related Sections