''R v Cinous'', 2002 SCC 29 is a 2002 case of the Supreme Court of Canada which held that in order for a

defence Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense indus ...

to be presented to a jury, that defence must possess an "air of reality"; that is, "if a properly instructed jury acting reasonably could acquit the accused on the basis of the defence".

Background

On February 3, 1994, four men were riding in a van in the

Montreal Montreal ( ; officially Montréal, ) is the second-most populous city in Canada and most populous city in the Canadian province of Quebec. Founded in 1642 as '' Ville-Marie'', or "City of Mary", it is named after Mount Royal, the triple ...

area ''en route'' to commit a computer theft. Jacques Cinous, the driver, noticed gestures made by Michaelson Vancol and another man in the van, as well as changes to the gloves Vancol and the other man were wearing, and believed that they were armed and ready to kill him. Cinous stopped the vehicle at a gas station in Montreal under the pretense that it needed windshield washer fluid, opened the rear door of the van and shot Vancol in the back of the head, killing him. At trial, Cinous claimed the killing was in

self-defence Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in ...

. However, the jury rejected Cinous' defence and convicted him of second-degree murder. On appeal, the

Quebec Court of Appeal The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The Court wa ...

ruled there were errors in the trial judge's instructions to the jury with respect to Cinous' claim of self-defence, and ordered the conviction overturned and a new trial. The Supreme Court allowed the Crown's appeal and restored the conviction.

External links

* Supreme Court of Canada cases 2002 in Canadian case law Canadian criminal procedure case law {{Canada-law-stub