Cote v R, 2003 NBCA 38

The appellant, Cote, was found guilty of arson, breaking and entering, and one count of wilfully killing cattle contrary to section 444(a) of the Criminal Code.

Cote appeals that decision solely on the basis that the presiding judge committed “reversible error” by failing to: 1) direct the jury that it was not at liberty to reach a verdict adverse to Cote on a particular count by resorting to evidence relevant only to another count; and 2) to caution the jury against relying upon the evidence and, where applicable, its finding of guilt on a particular count as proof that Cote was the sort of person who could commit the offence set out in another count.

The court is satisfied that the trial judge’s charge and recharge contained instructions that enabled the jurors to understand the issues and to fulfill their adjudicative mandate.

The appeal is dismissed.

Source: Case Law

Jurisdiction: New Brunswick

Topics: appealcattlechargecriminalCriminal Codedismissedguiltyjury chargekilling cattlereversible error

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