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Criminal Law – Jurors – Deliberations – Whether Court of Appeal erred in finding that evidence that jury ignored trial judge's instructions did not constitute fresh evidence or could not have affected outcome of trial

Melody Stanford, Rita Cushnie and Donald Richard were charged with first degree murder and conspiracy to commit murder. Melody and Donald gave videotaped statements to the police. Edited copies of their statements were entered as exhibits at a trial before a jury. References to other accused were deleted from the audio and transcripts of the statements were correspondingly blacked out. The jury was told not to speculate about anything that had been edited and to consider the evidence against each accused separately. The jury convicted all three accused of first degree murder and conspiracy to commit murder. During convictions appeals, it was discovered that transcripts of Melody’s and Donald’s statements that had been in the jury room during deliberations were marked with two handwritten notations that had to have been made by a juror. The Manitoba Court of Appeal admitted the notations as fresh evidence in an appeal by Rita Cushie from her convictions and allowed her appeal. It did not admit the notations as fresh evidence in appeals by Melody Stanford and Donald Richard from their convictions and it dismissed their appeals.