R. v. Davey (T.G.) 2012 SCC 75
Criminal Law - Procedure - Jury - General - Jury pool - Background checks
The accused admittedly killed a police officer by slashing his throat with a knife. He was convicted by a jury of first degree murder. The only contentious issue at trial was whether the accused had the intent to murder. The accused appealed, submitting that the Crown participated in impermissible “jury vetting” and that the trial judge misdirected the jury respecting the use of expert evidence concerning the accused’s state of mind.
The Ontario Court of Appeal, in a judgment reported (2010), 272 O.A.C. 108, dismissed the appeal. The accused appealed his conviction solely on the “jury vetting” issue.
The Supreme Court of Canada dismissed the appeal.