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SCC Decision: October 24, 2008

R. v. Rojas, 2008 SCC 56
Click here to link to the full judgment.
(Criminal law / Jury charge)
Two brothers were convicted by a jury of second degree murder.  On appeal, they argued that the trial judge erred 1) in allowing the jury to use out-of-court statements admissible against one accused to bolster the credibility of an unsavoury witness with respect to the other accused, and 2) in instructing the jury that exculpatory statements did not carry the same weight as inculpatory statements.  The Court dismissed the appeal, finding that 1) the trial judge had given numerous cautions to try each individual separately and not use statements by one against the other, and that 2) the judge did not misdirect the jury.  The Court cautioned against instructing juries to give more weight to inculpatory statements than to exculpatory statements.
Majority/Dissent: 7/0

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