Peck and Company lawyers, Eric V. Gottardi, Q.C., Caroline Senini, and Mark Iyengar won an appeal from a drug importation conviction. The trial judge did not properly instruct the jury on what it meant for a fact to be proven beyond a reasonable doubt, which is the standard of proof in a criminal trial. Instead, the opening remarks and final instructions to the jury created the danger that a guilty verdict could have been reached on the basis that the appellant was “probably” guilty, which is a much lower standard. The Court of Appeal’s decision can be found here.
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