Difference between revisions of "Pleading Not Guilty and Criminal Trials (1:VII)"

:::For specific intent offences, advanced intoxication can negate subjective mental fault (''Mens Rea''). Specific intent offences include conspiracy, solicitation, embezzlement, and theft.

The accused cannot be compelled to testify (see s 11(c), ''Charter''). If the accused chooses not to testify, no adverse inference may be drawn from that decision. A decision to call the accused should be made on the particular facts of each case, taking into account the strength of the Crown’s evidence as presented in the trial at the close of Crown’s case and the risks of exposing the accused to cross-examination. Prior convictions for crimes of dishonesty (e.g., theft, fraud, etc.) are admissible for the purpose of assessing credibility of the accused only.