What is the test for a jury to consider the defence in a jury trial?
Ontario, Canada
The following excerpt is from R. v. Hall, 2010 ONCA 724 (CanLII):
The following statement of Taschereau J. in Azoulay v. The Queen, [1952] S.C.R. 495, at pp. 497-98, has often been cited in reference to this point: The rule which has been laid down, and consistently followed is that in a jury trial the presiding judge must, except in rare cases where it would be needless to do so, review the substantial parts of the evidence, and give the jury the theory of the defence, so that they may appreciate the value and effect of that evidence, and how the law is to be applied to the facts as they find them.
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