Unanimous Judgment Read By — Karakatsanis J.
Karakatsanis J. — We agree with Justice Leurer, in dissent, that a specific Hibbert type instruction (R. v. Hibbert, 2002 SCC 39, [2002] 2 S.C.R. 445) was required in the circumstances of this case. The appeal is allowed, substantially for the reasons of Justice Leurer. The conviction is set aside and a new trial ordered.
Cases cited
- R. v. Hibbert 2002 SCC 39 ¶ 1