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His Majesty the King v. Jennifer Pan, et al. (40839)
Manage episode 445658399 series 3403624
Armed men entered the home of Jennifer Pan and her parents. They shot and killed Mrs. Pan. They shot and seriously injured Mr. Pan. Jennifer Pan, Mr. Wong, Mr. Crawford, Mr. Mylvaganam and Mr. Carty were charged with first degree murder and attempted murder. They were tried before a jury. Mid-trial, proceedings against Mr. Carty were severed. The jury convicted Jennifer Pan, Mr. Wong, Mr. Crawford and Mr. Mylvaganam on both counts. They appealed from their convictions. The Court of Appeal dismissed the appeals from the convictions for the attempted murder of Mr. Pan. It allowed the appeals from the convictions for the first degree murder of Mrs. Pan and ordered a new trial in relation to her death.
Argued Date
2024-10-17
Keywords
Criminal law — Charge to jury — Offences — Evidence — Remitting counts for retrial — Jurors — What is the test for placing alternative theories of liability for a homicide to a jury, what deference is due to trial judge’s determination of whether an alternative has an air of reality, and whether the curative proviso ought to have been applied to decision not to put alternatives to the jury — Whether appellate courts should remit associated counts for retrial where doing otherwise risks inconsistent trial verdicts, whether the tainting doctrine is part of the test for remittance or for application of curative proviso, and which party bears the onus for establishing tainting and remittance — Scope of the trial judge’s duty in a multi-person complex prosecution to tailor to an accused instructions to the jury on use of evidence of a co-accused’s propensity for violence — Whether trial judge failed to properly assess evidence in considering reasonable apprehension of bias or appearance of unfairness arising from juror interference, sufficiency of inquiry into juror issues and deference due to trial judge’s decisions on juror issues — Admissibility and use of presentations summarizing evidence, what rules and procedural requirements apply to determine admissibility and use by a jury of aids summarizing evidence supporting Crown counsel’s case, and whether PowerPoint presentation supporting Crown counsel’s case was improperly allowed to go into jury room?
Notes
(Ontario) (Criminal) (By Leave)
Language
English Audio
Disclaimers
This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).
167 эпизодов
Manage episode 445658399 series 3403624
Armed men entered the home of Jennifer Pan and her parents. They shot and killed Mrs. Pan. They shot and seriously injured Mr. Pan. Jennifer Pan, Mr. Wong, Mr. Crawford, Mr. Mylvaganam and Mr. Carty were charged with first degree murder and attempted murder. They were tried before a jury. Mid-trial, proceedings against Mr. Carty were severed. The jury convicted Jennifer Pan, Mr. Wong, Mr. Crawford and Mr. Mylvaganam on both counts. They appealed from their convictions. The Court of Appeal dismissed the appeals from the convictions for the attempted murder of Mr. Pan. It allowed the appeals from the convictions for the first degree murder of Mrs. Pan and ordered a new trial in relation to her death.
Argued Date
2024-10-17
Keywords
Criminal law — Charge to jury — Offences — Evidence — Remitting counts for retrial — Jurors — What is the test for placing alternative theories of liability for a homicide to a jury, what deference is due to trial judge’s determination of whether an alternative has an air of reality, and whether the curative proviso ought to have been applied to decision not to put alternatives to the jury — Whether appellate courts should remit associated counts for retrial where doing otherwise risks inconsistent trial verdicts, whether the tainting doctrine is part of the test for remittance or for application of curative proviso, and which party bears the onus for establishing tainting and remittance — Scope of the trial judge’s duty in a multi-person complex prosecution to tailor to an accused instructions to the jury on use of evidence of a co-accused’s propensity for violence — Whether trial judge failed to properly assess evidence in considering reasonable apprehension of bias or appearance of unfairness arising from juror interference, sufficiency of inquiry into juror issues and deference due to trial judge’s decisions on juror issues — Admissibility and use of presentations summarizing evidence, what rules and procedural requirements apply to determine admissibility and use by a jury of aids summarizing evidence supporting Crown counsel’s case, and whether PowerPoint presentation supporting Crown counsel’s case was improperly allowed to go into jury room?
Notes
(Ontario) (Criminal) (By Leave)
Language
English Audio
Disclaimers
This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).
167 эпизодов
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