742 is a leading decision of the Supreme Court of Canada on assessing guilt based on the credibility of witnesses in a criminal trial.

DW, a 42-year-old man, was charged with sexually assaulting a 16-year-old girl, TW, on two occasions while driving her to her boyfriend's house.

Counsel for the Crown requested the recharge in order for the judge to explain what evidence may assist the jury in making a finding on the issue of credibility.

The issue of the appeal was whether "the erroneous recharge, viewed in the context of the charge as a whole and the short time that elapsed between the main charge and the recharge, could be said to have left the jury with any doubt that if they had a reasonable doubt they must acquit."

A trial judge might well instruct the jury on the question of credibility along these lines: Second, if you do not believe the testimony of the accused but you are left in reasonable doubt by it, you must acquit.

Again, to put forth such an either/or approach excludes the very real and legitimate possibility that the jury may not be able to select one version in preference to the other, and yet, on a whole of the evidence, be left with a reasonable doubt.

It is evident that the trial judge erred in the case of W.D., making error in recharge as to the standard of proof required of the Crown.

The Court examined whether the error was reversible in light of the correct instructions that had been given to the jury minutes prior to the recharge during the main charge.

This takes on additional significance in light of the statement to the jury that the charge might contain errors that would necessitate a recharge.