Abdulaziz Egal v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)


Criminal law - Evidence, Charge to jury - Criminal law — Evidence — Charge to jury — Whether evidence prejudicial to accused and led by counsel for adverse co accused was properly admitted given its prejudicial effect — Instructions to jury on mens rea for second degree murder in cases involving co principal liability.


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A man was beaten by four assailants and fatally stabbed during the assault. Mr. Egal was charged with second degree murder and tried jointly with three co accused. Counsel for one co accused cross examined a witness on something the latter said during a police interview that, if believed, was prejudicial to Mr. Egal. The charge to the jury included instructions on the mental element of second degree murder. The jury convicted Mr. Egal of second degree murder. The Court of Appeal dismissed his appeal.