Pleading Not Guilty and Criminal Trials (1:VII): Difference between revisions
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Pleading Not Guilty and Criminal Trials (1:VII) (view source)
Revision as of 07:31, 8 August 2024
, 8 August→6. Directed Verdict/ No Evidence Motion
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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. [https:// | 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. ([https://canlii.ca/t/1mx51 ''USA v Shephard'' [1977<nowiki>]</nowiki> 2 SCR 1067]; [https://canlii.ca/t/1fqtc ''R v Charemski'', [1998<nowiki>]</nowiki> 1 SCR 679]. Arguments by the Crown and defence will be heard. Defence may still call their own evidence if the motion fails. | ||
=== 7. Presentation of Defence Case === | === 7. Presentation of Defence Case === | ||
