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Criminal - Jury - Air of Reality (3). R. v. George
In R. v. George (Ont CA, 2026) the Ontario Court of Appeal allowed a criminal appeal, this brought against a "conviction for second degree murder".
Here the court considers principles of 'air of reality', the standard by which issues can be left with the jury:[75] It is a reversible error to instruct a jury on a theory of liability or mode of participation in an offence for which there is no air of reality: see e.g., R. v. Ranger (2003), 2003 CanLII 32900 (ON CA), 67 O.R. (3d) 1 (C.A.), at para. 132; R. v. Mohamed, 2025 ONCA 611, at para. 96. There will be an air of reality if “there is some evidence that, if believed, could reasonably support an inference of guilt on that theory of liability”: Mohamed, at para. 96; see also R. v. Grandine, 2022 ONCA 368, 414 C.C.C. (3d) 207, at para. 35; R. v. Al-Enzi, 2021 ONCA 81, 401 C.C.C. (3d) 277, at para. 150, leave to appeal refused, [2023] S.C.C.A. No. 35. The standard of review is correctness: Al-Enzi, at para. 151.
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