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R Vs Edgar Case Study

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The case that I studied was R. Vs. Edgar (2000) 142 C.C.C (3rd) 401 Ontario Court of Appeal. The appellant was convicted of second-degree murder in the stabbing death of his girlfriend, Tracey Kelsh. The appellant and the deceased were involved in a short-term romantic relationship. Both were heavy users of cocaine and alcohol. The appellant and the deceased were partying and consuming cocaine and alcohol. After a violent struggle in the bathroom of the appellant’s apartment, the deceased suffered multiple stab wounds and other injuries. The most serious and fatal wound she sustained was a deep cut slitting her throat. The appellant testified that the deceased came after him, wielding two kitchen knives. She backed him into the bathroom and shouted bizarre statements about bikers and leveled accuse stations against him. A violent struggle ensued in the bathroom. The appellant testified that it was pitch dark, he was …show more content…

Further, he argued that the third statement was admissible to rebut the Crown’s allegation of recent fabrication. The court accepted the first submission and ordered a new trial. The court ruled that edited portions of those statements bearing upon the appellant’s state of mind were properly admissible as an exception to the rule against the admissibility of prior consistent statements. This court rejected the second argument on the ground that the Crown had not alleged recent fabrication. The appellant submits that the trial judge failed to put the defense position on automatism fairly before the jury telling to be sceptical of the defense, also mischaracterizing the evidence of Dr.kolito and failing to instruct the jury that the absence of motive had a bearing on the defense of

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