The respondent was convicted by a jury of second degree murder. At the pre charge conference, both parties had agreed that there was no air of reality to a defence of provocation, and the trial judge ruled that the defence should not be put to the jury. The respondent appealed his conviction, alleging that the trial judge had erred in failing to open the defence of provocation. A majority of the Court of Appeal for Ontario held that provocation should have been put to the jury, set aside the conviction, and ordered a new trial. In dissent, MacPherson J.A. would have upheld the conviction.
Criminal law - Defences, Provocation - Criminal law — Defences — Provocation — Air of reality — Whether the majority of the Court of Appeal erred in finding an air of reality to the defence of provocation.
(Ontario) (Criminal) (As of Right)
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