Case information

None.

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 - Charge to jury - Evidence - Hearsay - Whether juries should be instructed that incriminating statements made by an accused are likely to be true but that exculpatory statements do not necessarily carry the same persuasive weight - Whether trial judge improperly instructed jury that the credibility and reliability of an accomplice’s testimony against one accused could be bolstered by evidence that was admissible only against a co-accused.

The Appellants were charged with murder and the Crown’s case depended on an accomplice’s testimony that he heard the Appellants make inculpatory statements. Exculpatory hearsay statements made by Miguel Rojas also were entered into evidence. The trial judge instructed the jury that inculpatory statements are likely to be true, otherwise why say them, but exculpatory statements do not necessarily carry the same weight. The trial judge also warned the jury against relying on the accomplice’s testimony. When discussing evidence that would support or undermine the accomplice’s testimony, the trial judge listed evidence admissible only against Hugo Rojas. The Appellants were convicted of second degree murder. On appeal, the appeal was dismissed.