Summary

35502

Anthony Robert Willier v. Her Majesty the Queen

(British Columbia) (Criminal) (By Leave)

(Publication ban in case)

Keywords

None.

Summary

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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

31495-2
Conviction by jury of first degree murder
May 7, 2013
Court of Appeal for British Columbia (Vancouver)

CA039332, 2013 BCCA 214
Appeal dismissed