Wright v. The King

Wright v. The King

Majority: On the admitted record the only admissible evidence of commission either supported conviction for rape or acquittal; the trial judge did not err in not leaving lesser verdicts because the evidence did not reasonably support them, and the challenged remarks did not amount to a prohibited comment on the accused's failure to testify under s.4(5) of the Canada Evidence Act; appeal dismissed.

Citation
[1945] SCR 319
Parties
Appellant/accused: Victor Wright; Respondent: His Majesty the King
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 March 1945
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia En Banc; Final Judgment on Appeal
Outcome
Appeal dismissed; conviction and sentence affirmed by majority (dissent by Taschereau J. ordering new trial).
Legal Topics
Rape, Lesser Included Offences, Attempt, Jury Directions, Comment on Accused's Failure to Testify, Canada Evidence Act S.4(5), Criminal Code Ss.949, 951, 1016
Source Language
English
Criminal Law Rape Lesser Included Offences Attempt Jury Directions Comment on Accused's Failure to Testify Canada Evidence Act S.4(5) Criminal Code Ss.949,951,1016

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Parties

Victor Wright

Appellant/accused

His Majesty the King

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia En Banc; Final Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred by failing to instruct the jury that lesser verdicts (including attempted rape or indecent assault) were open on the evidence
  2. 2 Whether the trial judge impermissibly commented on the accused's failure to testify contrary to s.4(5) of the Canada Evidence Act

Ratio Decidendi

Majority: On the admitted record the only admissible evidence of commission either supported conviction for rape or acquittal; the trial judge did not err in not leaving lesser verdicts because the evidence did not reasonably support them, and the challenged remarks did not amount to a prohibited comment on the accused's failure to testify under s.4(5) of the Canada Evidence Act; appeal dismissed.

Court Disposition

Appeal dismissed; conviction and sentence affirmed by majority (dissent by Taschereau J. ordering new trial).

Orders

  • Appeal dismissed; conviction for rape affirmed
  • Sentence of five years imprisonment affirmed