The fate of Dean Boucher and Mark Lange is now in the hands of a 12-person jury.

On Wednesday night, the eight women and four men who make up the jury began deliberations on the three-week murder trial of the pair charged in the 2004 death of Robert Olson, who owned the Caribou Hotel in Carcross at the time.

As of press time early this afternoon, the jury was still in deliberations.

'Your duty is to consider all the evidence,' Justice Leigh Gower said during his more than three-hour charge to the jury on Wednesday.

The deliberations began after Gower's instruction. It was expected the jury would be sequestered overnight.

As Gower began speaking to the jury, he told them the instructions he gave early in the trial, when Boucher's and Lange's lawyers both said their client was willing to plead guilty to manslaughter, no longer apply.

'You must disregard that instruction and place no importance (on that),' he said.

The duty of jurors is to decide what the facts are through the evidence admitted at trial, Gower stated.

They must accept all the rules which apply in the case, disregard media coverage and must not consider other sources of information or be influenced by public opinion, he said.

'Each of you has to decide the case for yourself,' he said.

He reminded the jury both Lange and Boucher are considered innocent until proved guilty.

Although Crown counsel John Phelps stated in his closing arguments Olson's death, caused by a beating assault to the head, has to be explained, Gower advised it is up the Crown to prove beyond a reasonable doubt that Lange and Boucher killed Olson.

A reasonable doubt, Gower explained, is not a frivolous doubt, but rather a doubt based on common sense.

It is not enough to believe either Lange or Boucher are the 'type' of person to commit a murder, he added.

Nor can jurors conclude from Boucher's criminal record presented during the trial, that because he's committed crimes in the past that he's guilty of the murder.

They also can't conclude that because either was there at the time, that means they are guilty.

'Sometimes people are in the wrong place at the wrong time,' said Gower.

Statements given to the RCMP by either accused cannot be used against the other.

Lange's statements to police after he turned himself in can only be used in considering Lange's verdict, for example.

Although Boucher's police statements can't be used in Lange's case, his statement on the stand can.

Jurors must also consider Boucher's evidence on the stand as they would any other witness, the judge told them.

Gower advised jurors they may want to consider Boucher's testimony with care because of his interest in the case.

The judge also dealt with evidence from Lange's police statement saying he felt threatened by Boucher following a fight between Olson and Boucher which Lange said he also got involved with.

While such threats cannot be used as a defence in second-degree murder, it can in manslaughter, provided five elements are also found.

It must be proven beyond a reasonable doubt the threats were made, the victim believed threats could be carried out, that a reasonable person would do the same thing given the same circumstances, there were no safe means of escape and the person threatening overpowered the other's power of resistance.

When considering the evidence presented by all witnesses, it's important to look at whether they seemed honest, have a reason not to tell the truth, have an interest in the case, were in a position to make accurate observations, whether they have a good memory, if their testimony was reasonable and consistent and if it wasn't whether they were making an honest mistake and if the inconsistencies were minor details or important parts of the event, said Gower. He pointed to other considerations to be made when looking at a witness' testimony.

Jurors should consider an expert witness' opinion as they would any other, but also look at their training and experience as well.

Gower reminded jurors they can use the notes they took during the trial, but only to help them remember what happened during the trial.

'Notes don't make decisions; jurors do,' said Gower.

The judge also told jurors they must disregard suggestions by Boucher's defence lawyer, Keith Parkkari, they could find Boucher guilty of accessory after the fact.

Lange's lawyer, Andre Roothman, was also in error in suggesting the jury could find Lange guilty of assault, the judge said.

The charge the jury is considering is only the murder charge, said Gower.

While it was one trial for both, the jury must consider Lange's and Boucher's cases separately, Gower said. The same verdict does not have to be reached for both cases.

Throughout the charge, Gower reminded jurors again and again: 'Use your common sense.'

As he wrapped up his charge to the jury, he recommended when each of them begins deliberations, he or she should not start out 'emphatically' with their views, but consider those of other jurors as well.

'Keep an open mind, but not an empty head,' he said.