SCC Decision: May 29, 2008
R. v. J.H.S., 2008 SCC 30
Click here to link to the full judgment.
(Criminal law / Jury charge / Reasonable doubt)
The accused was convicted by a jury of sexual assault. Credibility was a central issue at trial. The Court restored the conviction, holding that the judge's jury charge was sufficient. Where credibility is in issue, a judge charging a jury must clearly leave no doubt that the burden is on the Crown to prove every element of the offence beyond a reasonable doubt, and that the jury does not have to choose between competing versions of events.
Majority/Dissent: 7/0

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