Robert Joseph Kociuk v. Her Majesty the Queen (April 12, 2012)
Case # 34517
The appellant was charged and was convicted of first-degree murder while committing a sexual assault. An autopsy of the victim’s body revealed the cause of death to be multiple stab wounds, with evidence of recent sexual intercourse. This was a “cold case” murder from 1984 when DNA profiling was only in its experimental stage. Eventually, with the development of DNA profiling technology, the DNA matched that of the appellant. The appellant claimed that the trial judge did not adequately put the theory of the defence to the jury. The majority of the Court of Appeal dismissed the appeal.