A trial judge's misdescription of identification evidence in a charge to the jury will not necessarily render verdicts unsafe or unsatisfactory where the charge elsewhere correctly states the evidence and gives sufficient warning about weaknesses in the identification. When imposing an aggregate sentence, the sentencing judge must identify the individual sentence components and the extent of concurrency and cumulation, even where the prosecutor fails to articulate a sentencing structure; failure to do so constitutes error. However, a considerably inadequate sentence may still survive a Crown appeal where double jeopardy considerations apply.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.