Sentences with phrase «crown witnesses in the case»

Not exact matches

It was my decision, agreed upon by both Crown and defence, that the witnesses available would testify in - chief to salvage what court time we could, but I was not going to ask the defence to cross-examine either witness until he knew the complete Crown's case that he had to meet, that might be evidenced by the statements of the two recently identified officers who were at the scene.

«Instead of carefully reviewing the evidence in the case in order to determine whether or not the Crown had, in fact, established that the appellant possessed the specific intent of wilfulness required by s. 173 (1) of the Criminal Code, the trial judge erroneously convicted the appellant based upon a perceived (but non-existent) legal presumption that the necessary wilfulness was established by the fact that his acts of masturbation were in fact witnessed by another,» he wrote.

If the Crown is put on notice or informed of the existence of potentially relevant information in the hands of a third party, including information pertaining to the credibility or reliability of the witnesses in a case, the Crown's duty to make reasonable inquiries of that third party is triggered.

In some cases the magistrate merely says, on the basis that the Crown witnesses and policemen are honest, that he finds the accused guilty.

I agree with Mr. Murphy that the evidence in the Stanley case was sufficiently problematic that an acquittal was a realistic possibility: a distinctly unsatisfactory RCMP investigation and key Crown witnesses whose stories changed significantly would suffice even if Mr. Stanley's own explanation seemed far - fetched and was disbelieved, After all, not believing a witness on a point is no evidence at all of the converse of what the witness has stated.

The human rights aspect of the case will be governed by whether or not the third party applied themselves to a disclosure application and upon the relevance criteria contained within the Magistrate's Court Act 1980, s 97 and the Criminal Procedure (Attendance of Witnesses) Act 1965, s 2 (as amended) in the Crown Court.

His case was initially set for trial in December 2010, but adjourned due to the unavailability of a Crown witness.

In more serious cases, police officers may be called as witnesses by the Crown and then cross-examined by the defence.

Regina v. D.J. (2008) Client acquitted of Kidnapping, Forcible Confinement, Aggravated Assault and Conspiracy to Commit Assault in the Ontario Court of Justice pursuant to skillful cross-examination of witnesses and legal argument by Ms. Stacey Nichols which revealed that Crown case did not meet required standard for conviction.

That quote will cover off all court appearances from first appearance to the trial or sentencing; it covers all letters and communications with you, the Crown, experts; it covers all communications with parties including witness preparation, and trial preparation; it covers the drafting of legal applications and arguments and the time spent researching relevant case law; it also covers all costs associated with the presenting your case in a brief to the Crown as part of the plea bargaining process and / or the costs associated with a trial if the matter proceeds that way.

In some cases, the Crown will present the allegations by calling a witness (or witnesses) to testify in courIn some cases, the Crown will present the allegations by calling a witness (or witnesses) to testify in courin court.

The «Ammunition and Where to Find It» panel will offer our members the ways and means to obtaining third party and other pertinent records to assist in either resolving the case before trial, or in an effective cross-examination of crown witnesses.

Blouin, a provincial court judge in Toronto, cut the case short and acquitted the accused after hearing from the Crown's only witness, but before the defence was able to call its evidence, and before either side could make closing submissions.

During Trial, cross-examination of the police officer witnesses by Vancouver Criminal Lawyer Emmet J. Duncan demonstrated serious problems with the Crown case that Client was the person that was driving on the night in question.

In this case, it was pointed out, the Crown had duly delivered a disclosure package to the defence, giving details of witnesses» records and previous convictions.»

When there are allegations of sexual assault in a case, there is always a risk that an order not to disclose the complainant's identity has been made in criminal proceedings — this order is mandatory upon demand by the Crown, the complainant or a minor witness (see 486.4 of the Criminal Code).

In both proceedings, the Crown's case relied on the testimony of witnesses who had a motive to lie and who were therefore considered unsavoury.