CRIM 230 Lecture Notes - Lecture 9: Assault Causing Bodily Harm, An Honest Mistake, Sexual Assault
23 Nov 2016
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Possession of weapon for purpose dangerous to public peace. Break & enter with intent to commit indictable offence. Care & control of motor vehicle while impaired. Strategies for defence (exam: force crown to prove all elements bard. Example: failure to prove jurisdiction can result in an acquittal, failure to prove id, attacking the credibility of witnesses. Motion for no evidence: attack the charge on constitutional grounds. Jordan, williamson, vassell re trial delay: obtain special verdict of ncrmd, assert no mr for action. Automatism, mistake of fact/law, consent: assert justification/excuse. Self-defence, provocation, necessity, duress: additional technical defences of entrapment, officially induced error, double jeopardy etc. No defence will be considered by the trier of fact (jury) unless the accused satisfies the evidentiary burden of proof: There must be some plausible evidence to support the defence: evidence puts the defence in play there must be an air of reality. Judge decides if the jury should consider the defence.
