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Difference between revisions of "Criminal Charges (1:IV)"
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Criminal Charges (1:IV) (view source)
Revision as of 19:02, 25 October 2016
, 19:02, 25 October 2016→1 Thing to Consider When Assessing the Crown's Evidence
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Once the accused has received the particulars and knows the evidence that Crown would seek to lead in its case to prove the accused’s guilt, it is important to critically assess the strength of the Crown’s case, and consider any challenges which can be made to the case. At this stage, the accused/defence should be in a position to review the elements of the offence and be able to concisely summarize the key evidence that the Crown Counsel will seek to adduce at trial to prove each element of the offense. | Once the accused has received the particulars and knows the evidence that Crown would seek to lead in its case to prove the accused’s guilt, it is important to critically assess the strength of the Crown’s case, and consider any challenges which can be made to the case. At this stage, the accused/defence should be in a position to review the elements of the offence and be able to concisely summarize the key evidence that the Crown Counsel will seek to adduce at trial to prove each element of the offense. | ||
=== 1 | === 1. Things to Consider When Assessing the Crown's Evidence === | ||
For each key piece of evidence that the Crown needs to establish its case, consider the following : | For each key piece of evidence that the Crown needs to establish its case, consider the following : | ||
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For testimonial evidence, consider the reliability and credibility of the witness. Consider whether there is a good reason to suspect that the witness is mistaken (attacking reliability) or lying (credibility). | For testimonial evidence, consider the reliability and credibility of the witness. Consider whether there is a good reason to suspect that the witness is mistaken (attacking reliability) or lying (credibility). | ||
==== c) Is the Evidence Physical Evidence ==== | ==== c) Is the Evidence Physical Evidence? ==== | ||
If the evidence is physical evidence that has been collected by the police, consider the chain of custody of the item and whether there has been a break in the continuity of custody. | If the evidence is physical evidence that has been collected by the police, consider the chain of custody of the item and whether there has been a break in the continuity of custody. | ||
==== d) Is There a Possible Charter Challenge | ==== d) Is There a Possible Charter Challenge ==== | ||
Consider whether there is a possible Charter challenge that could result in the exclusion of evidence. Charter challenges include challenges to police searches, arrests, and confessions. (See ''Section X'' for information on Charter challenges) | Consider whether there is a possible Charter challenge that could result in the exclusion of evidence. Charter challenges include challenges to police searches, arrests, and confessions. (See ''Section X'' for information on Charter challenges) | ||
