LAW 602 Lecture Notes - Lecture 8: Actus Reus, Regulatory Offence, Mens Rea
17 Apr 2017
School
Department
Course
Professor
Document Summary
Crown leads evidence in case in chief: right of disclosure: the crown must provide the full evidence. In fraud case key elements are dishonesty and deprivation. Standard of proof at criminal trial is proof beyond reasonable doubt. Accused presumed not guilty [s. 11d (charter)] No burden on defendant to demonstrate that not guilty: defendant required to disclose evidence only for the following: Alibi you have an excuse for not committing the crime because you weren"t there. Expert evidence if defense retained an expert witness, they must notify the other side so that the other side can prepare for that witness. Defense raises a constitutional challenge you can"t mount a charter argument without giving the other side notice. Accused must be found not guilty even if court suspicious of accused"s conduct, knowledge, or court thinks guilt likely or proven on civil standard that accused guilty.
