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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 22:37, 29 August 2022
, 22:37, 29 August 2022→d) Admission or confession (to a person in authority)
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The judge decides whether to admit or exclude evidence, as governed by the laws of evidence, case law, the Charter, the ''BC'' ''Evidence Act'', the ''Canada Evidence Act'', and the statute creating the offence. Evidence must be relevant to the facts in issue. The facts in issue are those that go to establishing the essential elements of the offence and any legal defence to that offence. Evidence may be presented with respect to other issues as well, such as the credibility of a witness, provided that the evidence does not offend the collateral evidence rule. | The judge decides whether to admit or exclude evidence, as governed by the laws of evidence, case law, the Charter, the ''BC'' ''Evidence Act'', the ''Canada Evidence Act'', and the statute creating the offence. Evidence must be relevant to the facts in issue. The facts in issue are those that go to establishing the essential elements of the offence and any legal defence to that offence. Evidence may be presented with respect to other issues as well, such as the credibility of a witness, provided that the evidence does not offend the collateral evidence rule. | ||
==== d) Admission or confession (to a | ==== d) Admission or confession (to a Person in Authority) ==== | ||
Where the accused has made a statement outside the trial, for example, while being questioned by the police (or a store detective, transit police, | Where the accused has made a statement outside the trial, for example, while being questioned by the police (or a store detective, transit police, or other person in authority), the Crown may seek to use this statement, | ||
* as evidence of an admission or confession by the accused, or | * as evidence of an admission or confession by the accused, or | ||
* for the purposes of cross-examination during trial. | * for the purposes of cross-examination during trial. | ||
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# A confession is a statement made to a police officer (or person in authority), and there are very strict rules regarding the admission of such statements at trial. | # A confession is a statement made to a police officer (or person in authority), and there are very strict rules regarding the admission of such statements at trial. | ||
Anything the accused says to the police before or after the arrest is admissible as a confession '''only''' if the Crown first proves it was made voluntarily. See '''Section IX: Charter''' below for more information on confessions. | Anything the accused says to the police before or after the arrest is admissible as a confession '''only''' if the Crown first proves it was made voluntarily. See '''Section IX: Charter''' below for more information on confessions. | ||
==== e) Leading a witness ==== | ==== e) Leading a witness ==== | ||
