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Tymchyshyn and Brincheski Charge-REDACTED

Tymchyshyn and Brincheski Charge-REDACTED

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Published by James Turner
Jury charge and instructions as read to jurors hearing the Chad Davis murder trial in Jan-Feb. 2014.
Jury charge and instructions as read to jurors hearing the Chad Davis murder trial in Jan-Feb. 2014.

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Published by: James Turner on Mar 28, 2014
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04/28/2014

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FILE NO. CR 10-01-30631THE QUEEN v. CORY SCOTT TYMCHYSHYN ANDKRISTOPHER DON BRINCHESKI
CHARGE TO THE JURY
You will soon leave this courtroom and start discussing this case in your jury room. It is time for me to tell you about the law you must follow in making your decision.When we started this case, and at different times during the trial, I told you about several rules of law that apply in general, or to some of the evidence as it was received. Those instructions still apply.Now I am going to give you further instructions. These instructions will cover a number of topics. onsider them as a whole. !o not single out some as more important and pay less or no attention to others. I am giving them to help you make a decision, not to tell you what decision to make."irst, I will e#plain your duties as jurors and tell you about the general rules of law that apply to all jury cases.$econd, I will advise you of the specific rules of law that govern this case and the evidence that you have heard.Ne#t I will e#plain what rown counsel must prove beyond a reasonable doubt to establish the guilt of
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, and tell you about the defences and other issues that arise from the evidence you have heard.Then, I will discuss the issues that you need to decide and review for
 
you the evidence that relates to those issues. %y doing this, I hope I can help you recall the evidence and understand how it relates to the issues that you will be asked to decide. You must always keep in mind, however, that to decide this case, you rely on what you remember the evidence was, not what counsel or I say it was. &fter that, I will summari'e the positions that (r. )eith *yrikson and (r. %rent !avidson for the rown and (s. +oberta ampbell and (s. )risten ones for the accused ory $cott Tymchyshyn and (s. -erri Wiebe and (s. (ichelle %right for the accused )ristopher !on %rincheski have put forward in their closing addresses.The last thing I will e#plain for you is what verdicts you may return and how you should approach your discussion of the case in the jury room.
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In every criminal jury trial, there are two judges. In this trial, I am the  judge of the law. You are the judges of the facts. &s judge of the law, it is my duty to preside over the trial. I decide what evidence the law permits you to hear and consider and what procedure we will follow in the case. &t the end of the evidence and addresses, I will e#plain to you the rules of law that you must follow and apply to make your decision. &s judges of the facts, your first duty is to decide what the facts are in this case. You make that decision from all of the evidence given during the trial. There will be no more evidence. You consider nothing else. You are entitled to come to common sense conclusions based on the evidence that you
 
accept. You must not speculate, however, about what evidence there might have been or permit yourselves to guess or make up theories without evidence to support them.!eciding the facts is your job, not mine. ur law does permit me to comment or e#press opinions about issues of fact. If I do that, however, you do not have to agree with me. You, not I, decide what happened in this case.The evidence does not have to answer every /uestion raised in this case. It would be an unusual case in which a jury could say, 0We now know everything there is to know about this case.1 You only have to decide those matters that are essential for you to say whether the crime has been proven beyond a reasonable doubt.You accept all the rules of law that I tell you apply in this case. *ven if you disagree with or do not understand the reasons for the law, you are re/uired to follow what I say about it. You are not allowed to pick and choose amongst my instructions on the law. You must not consult other sources or substitute your own views.If I make a mistake about the law, justice can still be done in this case. The court clerk records everything I say. The ourt of &ppeal can correct my mistakes. %ut justice will not be done if you wrongly apply the law. Your decisions are secret. You do not give reasons. No one keeps a record of your discussions for the ourt of &ppeal to review. &s a result, it is very important that you accept the law from me and follow it without /uestion."inally, it is your duty to apply the law that I e#plain to you to the facts that you find to reach your verdict.

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