Appeal from conviction on robbery charge following jury trial. Issue regarding trial judge’s jury instruction regarding defence counsel’s failure to comply with Browne v. Dunn.
Held: Appeal dismissed.
Trial judge instructed the jury that the lack of cross-examination “could affect the weight of the evidence of the accused to the contrary.” This was a fair instruction: Paris (2000), 130 CCC (3d) 162 (ON CA). The defence never asked for the witness to be recalled, and never objected to the jury charge.
P. Milczarek – Defence Counsel