Case # 35499
Alvin Daniel Waite v. Her Majesty the Queen (February 21, 2014)
The appellant and a co-accused, Michael Guignard, were charged with second degree murder in the death of Roy David. Mr. David died as a result of slash wounds to his neck. Both accused admitted to being in victim’s apartment at the time of the homicide. Both accused each claimed that the other was solely responsible for Mr. David’s death. Neither testified at trial, nor did they call any evidence. The jury convicted them both of second degree murder. Both appealed their convictions, alleging inadequate jury instructions. Mr. Guignard died before the appeal was heard. The majority of the Court of Appeal dismissed the appellant’s appeal. The Court of Appeal held that the appellant did not demonstrate any reviewable error in the trial judge’s instructions to the jury.