A Judge’s Final Instructions to the Jury
In a criminal jury trial, the jury determines the guilt or innocence of the accused. Questions of fact are solely within the jury’s competence. The jury draws the final conclusion on the basis of the facts it considers established by the evidence. The trial judge is required to determine and to state the law, and to regulate and order the proceedings in accordance with the law. It is essential that the direction of the trial judge to the jury sets out the position of the Crown and defence, the legal issues involved and the evidence that may be applied in resolving the legal issues and ultimately in determining the guilt or innocence of the accused. R. v. Thatcher , 1987 CanLII 53 (SCC), [1987] 1 S.C.R. 652 Or put another way, every jury must understand i. the factual issues to be determined; ii. the legal principles applicable to the issues and the evidence add...