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Difference between revisions of "Pleading Not Guilty and Criminal Trials (1:VII)"
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Pleading Not Guilty and Criminal Trials (1:VII) (view source)
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# That the accused intended to commit the crime (''Mens Rea''). | # That the accused intended to commit the crime (''Mens Rea''). | ||
If the Crown failed to lead ''any'' evidence on any of the above, the defence/accused should make a no-evidence motion. This asks the judge to direct the acquittal of the accused on the ground that there is absolutely no evidence of some essential element of the offence. The test was articulated by Ritchie, J. in | If the Crown failed to lead ''any'' evidence on any of the above, the defence/accused should make a no-evidence motion. This asks the judge to direct the acquittal of the accused on the ground that there is absolutely no evidence of some essential element of the offence. The test was articulated by Ritchie, J. in [https://www.canlii.org/en/ca/scc/doc/1976/1976canlii8/1976canlii8.html?searchUrlHash=AAAAAQAodW5pdGVkIHN0YXRlcyBvZiBhbWVyaWNhIHYgc2hlcGhhcmQgMTk3NgAAAAAB&resultIndex=1 'USA v Shephard'' [1977<nowiki>]</nowiki> 2 SCR 1067] and [https://www.canlii.org/en/ca/scc/doc/1998/1998canlii819/1998canlii819.html?searchUrlHash=AAAAAQANciB2IGNoYXJlbXNraQAAAAAB&resultIndex=1 ''R v Charemski'', [1998<nowiki>]</nowiki> 1 SCR 679]. Arguments by the Crown and defence will be heard. If the defence/accused’s “no evidence” motion fails, the defence/accused may then call its own evidence. | ||
=== 7. Presentation of Defence Case === | === 7. Presentation of Defence Case === | ||
