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Beyond a Reasonable Doubt: Difference between revisions
→General Principles
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The standard should be applied for the purpose of determining whether individual elements are proven beyond a reasonable doubt.<ref> | The standard should be applied for the purpose of determining whether individual elements are proven beyond a reasonable doubt.<ref> | ||
''R v McKay'', [http://canlii.ca/t/gx2z0 2017 SKCA 4] (CanLII){{perSKCA|Whitmore JA}} (3:0){{at|18}} ("The standard of proof, being beyond a reasonable doubt, is not to be applied to individual pieces of evidence. Rather, it is to be applied to the evidence as a whole for the purpose of determining whether each of the necessary elements of an offence has been established.")<br> | ''R v McKay'', [http://canlii.ca/t/gx2z0 2017 SKCA 4] (CanLII){{perSKCA|Whitmore JA}} (3:0){{at|18}} ("The standard of proof, being beyond a reasonable doubt, is not to be applied to individual pieces of evidence. Rather, it is to be applied to the evidence as a whole for the purpose of determining whether each of the necessary elements of an offence has been established.")<br> | ||
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In cases where there is the uncorroborated testimony of the complainant, the BARD burden is one that has been described as "heavy" and "hard to discharge".<ref> | |||
''R v Nyznik'', 2017 ONSC 4392 (CanLII){{perONSC|Molloy J}}{{at|16}} (" In many cases, the only evidence implicating a person accused of sexual assault will be the testimony of the complainant. There will usually be no other eye-witnesses. There will often be no physical or other corroborative evidence. For that reason, a judge is frequently required to scrutinize the testimony of a complainant to determine whether, based on that evidence alone, the guilt of an accused has been proven beyond a reasonable doubt. That is a heavy burden, and one that is hard to discharge on the word of one person") | |||
''R v Jackson'', 2019 NSSC 202 (CanLII){{fix}}{{perNSSC|Brothers J}}{{at|150}}<br> | |||
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The reason for this is to ensure that "innocent people are never convicted".<ref> | |||
{{supra1|Nyznik}}{{at|16}} | |||
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