It is the trial judge's duty in a jury trial to put before the jury as trier of fact the accused's explanation and grounds of defence, and the evidence relating thereto. It is the jury's function, and as stated it was likewise the judge's responsibility as the trier of fact, to consider everything in the evidence amounting to a serious consideration tending to exculpate the accused (Lizotte v. R., (1953) 1953 CanLII 73 (SCC), 1 S.C.R. 411).
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