Gabourel v. The Queen

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The appellant was convicted of grievous harm (was also charged but acquitted of rape) and was sentenced to a fine of $10,000 or in default a term of three years imprisonment, as well as being ordered to pay the complainant $3,000. The appellant appealed, arguing that the trial judge erred in law by not giving a proper instruction to the jury on the issue of self-defense. The Court of Appeal affirmed the conviction, finding “no miscarriage of justice,” where the jury “clearly accepted the version [of events] given by the complainant in relation to the offence of grievous harm, and rejected the version given by the appellant,” and a different self-defense instruction would not have changed the result.



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