Anthony Robert Willier v. Her Majesty the Queen

(British Columbia) (Criminal) (By Leave)

(Publication ban in case)




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Criminal law – Jury charge – Curative proviso – Vetrovec caution – Whether jury charge was confusing and misled the jury on critical issue of whether witness had a perceived self interest in implicating the applicant in the murder of the deceased – Need for a clear instruction on the issue of whether the Vetrovec witness had to have a perceived self interest as opposed to a self interest from an objective perspective – Application of s. 686(1)(b)(iii) of the Criminal Code, R.S.C. 1985, c 46.

A man was fatally shot from a car. The identity of the shooter was in issue at trial. Michael Sanche, a drug dealer with a criminal record and a drug user, was arrested. He gave a statement to the police identifying the applicant as the shooter, in exchange for release and having a murder charge against him dropped. At trial, he testified that the statement was true. The Crown’s case also included testimony from another unsavoury witness. The jury charge included a Vetrovec warning.

Lower Court Rulings

February 17, 2010
Supreme Court of British Columbia

Conviction by jury of first degree murder
May 7, 2013
Court of Appeal for British Columbia (Vancouver)

CA039332, 2013 BCCA 214
Appeal dismissed