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edits
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)
Revision as of 22:32, 30 August 2021
, 22:32, 30 August 2021→6. Directed verdict/ no evidence motion
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In all criminal cases, it is the Crown’s obligation to prove beyond a reasonable doubt: | In all criminal cases, it is the Crown’s obligation to prove beyond a reasonable doubt: | ||
# The time and date of the offence; | # The time and date of the offence; | ||
# The location and jurisdiction of the offence (e.g.: it happened in Surrey, British Columbia); | # The location and jurisdiction of the offence (e.g.: it happened in Surrey, British Columbia); | ||
# The identity of the accused; | |||
# That the crime actually happened (''Actus Reus''); and | # That the crime actually happened (''Actus Reus''); and | ||
# That the accused intended to commit the crime (''Mens Rea''). | # That the accused intended to commit the crime (''Mens Rea''). | ||
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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 ''USA v Shephard'' and ''[https://www.canlii.org/en/ca/scc/doc/1998/1998canlii819/1998canlii819.html?searchUrlHash=AAAAAQANciB2IGNoYXJlbXNraQAAAAAB&resultIndex=1 R v Charemski]'', [1998] 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. | 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 ''USA v Shephard'' and ''[https://www.canlii.org/en/ca/scc/doc/1998/1998canlii819/1998canlii819.html?searchUrlHash=AAAAAQANciB2IGNoYXJlbXNraQAAAAAB&resultIndex=1 R v Charemski]'', [1998] 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. | ||
:'''NOTE:''' The defence/accused may make an insufficient evidence motion when the Crown has failed to bring sufficient evidence to prove a specific element of the offence beyond a reasonable doubt. If an insufficient evidence motion fails, the defence/accused cannot call evidence. In practice, the only time defence brings a no evidence motion is when the client may want to give evidence at trial. If defence counsel is of the view that there is no evidence and the accused will not testify, the defence will bring an insufficient evidence motions (stating that the Crown has not proven its case). When the accused does not testify, the defence will make closing submissions last. When the accused does testify, the defence will make closing submissions first. It is a perceived advantage to go last. | :'''NOTE:''' The defence/accused may make an insufficient evidence motion when the Crown has failed to bring sufficient evidence to prove a specific element of the offence beyond a reasonable doubt. If an insufficient evidence motion fails, the defence/accused cannot call evidence. In practice, the only time defence brings a no evidence motion is when the client may want to give evidence at trial. If defence counsel is of the view that there is no evidence and the accused will not testify, the defence will bring an insufficient evidence motions (stating that the Crown has not proven its case). When the accused does not testify, the defence will make closing submissions last. When the accused does testify, the defence will make closing submissions first. It is a perceived advantage to go last. | ||
=== 7. Presentation of defence case === | === 7. Presentation of defence case === | ||
