Essayer de convaincre un témoin de changer sa déclaration constitue de l'entrave à la justice

R. v. Patterson, 2003 CanLII 30300 (ON CA)

Lien vers la décision

[63] The appellant argues that the core of the offence of attempting to obstruct justice is a corrupt attempt and that the trial judge erred in his instructions to the jury by failing to state that expressly.

[64] No objection to the trial judge's charge on this offence was voiced by any of the four trial counsel.

[65] A review of the trial judge's charge to the jury on this offence makes it clear that the jury would have correctly understood that the offence was made out if they found that the appellant had said or done anything in an attempt to get the complainant to withdraw or change the statement she had made to the police about Burton.

[66] The evidence before the jury amply supported a finding that the appellant made a corrupt attempt to obstruct justice when he tried to get the complainant to change the statement she had made against Burton: R. v. Kotch (1990), 1990 ABCA 348 (CanLII), 61 C.C.C. (3d) 132 (Alta. C.A.), at p. 136. Accordingly, I would dismiss this ground of appeal.