Summary

Keywords

Criminal law — Charge to Jury — Reasonable doubt — Whether trial judge erred by directing jury when assessing reasonable doubt to consider supporting defence evidence or other evidence relied upon by defence?

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Outside a bar in Toronto, Mr. Durant was fatally shot and Mr. Ruffolo was shot in the leg. Mr. Fogah was charged with four offences and tried before a jury. The trial judge instructed the jury on reasonable doubt. The charge on reasonable doubt gave directions on the verdict to return if the jury did or did not believe Mr. Fogah’s evidence supported by the other evidence relied on by the defence or if Mr. Fogah’s testimony or other evidence relied on by the defence did not leave them with a reasonable doubt of his guilt. The jury convicted Mr. Fogah of first degree murder, aggravated assault and discharging a prohibited firearm with intent to wound. The Court of Appeal dismissed an appeal from the convictions.

Lower Court Rulings