R. v. Ali, 2021 ONCA 362
[88] In some situations, an argument moving backwards from the verdict returned can be persuasive in demonstrating that a failure to leave a certain theory of the defence or an included offence with a jury had no effect on the verdict returned: R. v. Sarrazin, 2011 SCC 54, at paras. 30-31. Given the structure of this charge, that reasoning does not assist the Crown.
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