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

Pleading Not Guilty and Criminal Trials (1:VII) (view source)

251 bytes removed , 8 August

6,151

edits

@@ Line 154: / Line 154: @@
 # 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://www.canlii.org/en/ca/scc/doc/1976/1976canlii8/1976canlii8.html?searchUrlHash=AAAAAQAodW5pdGVkIHN0YXRlcyBvZiBhbWVyaWNhIHYgc2hlcGhhcmQgMTk3NgAAAAAB&resultIndex=1 'USA v Shephard'' [1977<nowiki>]</nowiki> 2 SCR 1067]; [https://www.canlii.org/en/ca/scc/doc/1998/1998canlii819/1998canlii819.html?searchUrlHash=AAAAAQANciB2IGNoYXJlbXNraQAAAAAB&resultIndex=1 ''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.
+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 ===