Stephen George Fraser v. Her Majesty the Queen

(British Columbia) (Criminal) (By Leave)


Criminal law — Trial — Charge to jury — Closing submissions — Evidence — In what circumstances is it appropriate for an accused to be cross-examined on their use of disclosure —What is the proper procedure for the court to follow when Crown counsel wishes to pursue such a line of questioning — When such cross-examination is permissible, what sort of instruction should the trial judge give the jury — Is it permissible for Crown counsel to argue that an accused has tailored their evidence to the testimony of other witnesses at trial?


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Mr. Fraser was charged with second degree murder and tried before a jury. His accounts to the police upon arrest and two days after his arrest differed from his testimony at trial. At trial, crown counsel suggested in cross-examination and in closing submissions that Mr. Fraser was tailoring his testimony to evidence disclosed to the defence before trial. Mr. Fraser was convicted of second degree murder. The Court of Appeal dismissed an appeal.

Lower Court Rulings

December 13, 2018
Supreme Court of British Columbia

Conviction by jury of second degree murder
November 16, 2021
Court of Appeal for British Columbia (Vancouver)

2021 BCCA 432, CA46342
Appeal dismissed