R. v. Clark
Ryan David Clark
Law Firm / Organization
Legal Aid Saskatchewan
His Majesty the King
Law Firm / Organization
Not Specified
Lawyer(s)

Erin Bartsch

  • Facts: Ryan David Clark was convicted of second-degree murder, appealing on the basis that the trial judge failed to caution the jury about the frailties of in-court identification by two witnesses.
  • Issue: Whether the trial judge's instructions were adequate for jury assessment of eyewitness evidence.
  • Ruling: The Supreme Court allowed the appeal, agreeing with the dissent in the Court of Appeal that specific caution was required regarding the in-court identification evidence. Conviction set aside and a new trial ordered.
Supreme Court of Canada
40090
Criminal law
Appellant