R. v. Penner

canada, canadian, case law, court opinion, canlii, ykca, 2025ykca14, 2025 ykca 14 (canlii), 2025, ykca, 14, (canlii), 19-yu852, 2025, criminal procedure, jury instructions, planning and deliberation, first degree murder, trial judge failed to relate evidence to planning and deliberation in jury instructions, did the failure to relate evidence impair the jury's ability to distinguish between first and second degree murder?, requirement to assist jury in applying legal concepts to evidence, reversible error found, criminal procedure, jury questions, planning and deliberation, trial judge's answers to jury questions, were the answers unclear, incorrect, or misleading?, hypothetical examples provided by the judge, failure to connect examples to evidence, jury not adequately equipped to decide planning and deliberation, reversible error found, evidence, admissibility, prejudicial evidence, facebook posts and hearsay statements, trial judge admitted evidence of discreditable conduct and hearsay, did the admission of prejudicial evidence unfairly impact the jury?, balancing probative value and prejudicial effect, voir dire conducted for hearsay evidence, jury cautioned against propensity reasoning, criminal procedure, juror bias, reasonable apprehension of bias, juror worked with spouse of lead investigator, no direct interaction between juror and investigator, did the workplace connection create a reasonable apprehension of bias?, strong presumption that jurors adhere to their oaths, no cogent evidence of bias presented