Case information

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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.

Criminal law - Evidence - Verdict - Whether trial judge had duty to instruct jury that little or no weight should be attached to Applicants' flight from scene of crime - Whether trial judge erred in applying s. 34(2) of Criminal Code and failed to introduce self-defence as described in s. 34(1) of Criminal Code - Whether Supreme Court should set aside verdict and order new trial because of substantial miscarriage of justice by trial judge, who failed to mention possibility of verdict of manslaughter - Whether defence counsel's inexperience and negligence resulted in miscarriage of justice for Applicants, depriving them of right to make full answer and defence.

The two co-accused are appealing a guilty verdict on charges of first degree murder and attempt to commit murder using a firearm. Beaucicaut testified that the victim had threatened him and that he had fired at the victim to defend himself. The prosecution argued that the murder had been planned to eliminate a longstanding enemy. Beaucicaut and Moïse submit that their counsel's incompetence at trial deprived them of their right to make full answer and defence, that the prosecution's conduct during oral argument violated their rights and that the jurors should have been specially instructed about the fact that an important defence witness could not be produced. During oral argument, the prosecution alleged that the defence of self-defence had been fabricated. Moïse submits that his counsel should have examined him during the trial.