CRIM 330 Lecture Notes - Lecture 7: Mens Rea, Relational Model, Actus Reus

• School: Simon Fraser University
• Department: Criminology
• Course: CRIM 330
• Professor: Carol Fleischhacker

Document Summary

Anchoring in the evidence that she gave us in the envelope. Every trial is a reconstruction of the events that happened. Both parties present evidence and tells the judge in how they want to use that evidence. Will find which is more persuasive and find facts. To those facts, judge will apply the law and come with a legal outcome. Onus of proof 11(d) of the charter. Onus is on the crown to prove bard the accused"s guilt. That burden in section 11(d) - the right to fair trial. Obligation for crown to prove the accused"s guilt. Finding of fact/presumption that is created int eh statute. Driver seat and intoxicated - presumed to be in control that vehicle unless you can prove that you aren"t going to put that car in motion. Crown has burden of proof on all the facts in proving the accused"s guilt. Reasonable limit in a free and democratic society.