Jason McCartney v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)


Criminal law - Trial - Criminal law — Trial — When is the trial judge’s duty to redress improper closing addresses or cross examination triggered — What remedies are appropriate — When is appellate intervention warranted?.


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There was a violent and brief altercation involving the applicant and the two victims on the patio of a restaurant. The fight broke out with little warning and events moved quickly. The two victims were stabbed; one died and the other was seriously injured. Various witnesses provided somewhat different accounts of the relevant events. The applicant testified that he acted in self defence. The applicant was convicted of second degree murder and aggravated assault after a trial by judge and jury. The conviction appeal was dismissed.