What is the effect of a judge's admonishment to a jury in a sexual assault case?

Saskatchewan, Canada


The following excerpt is from R. v. Bourgeois, 1937 CanLII 162 (SK CA):

See also Rex v. West (1910) 4 Cr. App. R. 179. Having regard to these authorities, I think that in the present case the learned Judge went too far; it is true that he tells them that he is giving his own view, but he does not, at the same time, remind them that they must nevertheless come to a verdict in the light of their own conclusions. Moreover, it is manifest from the rest of the supplementary charge that he had formed a strong opinion as to the innocence of the accused and that after the jury had been out so many hours he had become fearful that they would find her guilty. Consequently, in order to prevent what he felt would be a miscarriage of justice, he practically urged them to bring in a verdict of acquittal. It is also to be noted that this passage constitutes the Judge’s last word to the jury and thus tended to leave on their minds a final impression which must undoubtedly have affected their subsequent deliberations. I think, therefore, as a matter of law that in this passage the learned Judge misdirected the jury.

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