CHARGE TO JURY
Response to question about partial liability incomplete and confusing
Accused charged with two counts of first degree murder. Accused and accomplice carried out home invasion robbery in which two elderly victims were bludgeoned. Accused and accomplice each testified that the other killed the victims contrary to their original plan. Court of Appeal dismissing accused’s appeal from convictions. Appeal allowed and new trial ordered. Trial judge’s response to question about party liability was incomplete and confusing.
R. c. Lévesque (Apr. 16, 2013, S.C.C., LeBel J., Fish J., Abella J., Rothstein J., Cromwell J., Moldaver J., and Karakatsanis J., File No. 34417) 106 W.C.B. (2d) 328.
