The Alberta Court of Appeal has ordered a new trial for a city man convicted of sexually assaulting a passed-out co-worker.
The bid by a Calgary judge to urge a jury to reach a verdict resulted in an unfair trial for a city man, the province’s top court ruled Wednesday.
“If any of you finds yourself in a small minority and disposed to differ from the rest of the jurors, you should consider the matter carefully, weigh the reasons for and against your view and remember that you may be wrong,” Yamauchi said.Thanks for signing up!The next issue of Calgary Sun Headline News will soon be in your inbox.“If, on doing so, you can honestly bring yourself to come to a different view and thus to concur with the view of the majority, you should do so.
But Justice Willie deWit said all those elements were included in the trial judge’s initial instructions except for the portion where he asked the minority to reconsider their positions. Abreha was also convicted of a separate sexual assault, but the Court of Appeal also ordered a retrial in that case.
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