SCC Decision: November 14, 2008
Submitted by Andrew Pilliar on Fri, 2008-11-14 23:00
R. v. Mahalingan, 2008 SCC 63
Click here to link to the full judgment.
(Criminal law / charge to the jury / issue estoppel)
The accused was convicted of aggravated assault. The conviction was set aside on the basis that the jury charge on the theory of the defence was inadequate. The accused had also been tried for obstructing justice in relation to a phone call made in an attempt to convince a witness to not testify against him. He was acquitted on the obstructing justice charge and, considering the doctrine of issue estoppel, the majority of the Court held that the acquittal on the obstruct charge estopped the Crown from using evidence of the phone call as evidence of consciousness of guilt in the new aggravated assault trial.
(Criminal law / charge to the jury / issue estoppel)
The accused was convicted of aggravated assault. The conviction was set aside on the basis that the jury charge on the theory of the defence was inadequate. The accused had also been tried for obstructing justice in relation to a phone call made in an attempt to convince a witness to not testify against him. He was acquitted on the obstructing justice charge and, considering the doctrine of issue estoppel, the majority of the Court held that the acquittal on the obstruct charge estopped the Crown from using evidence of the phone call as evidence of consciousness of guilt in the new aggravated assault trial.
Majority/Partially Concurring: 5/3
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