Notice to Adduce Similar Fact Evidence (Precedent): Difference between revisions

From Criminal Law Notebook
Line 2: Line 2:
{{Precedent Terms of Use}}
{{Precedent Terms of Use}}


==Notices==
==Notice==
 
===Admit ===
{{seealso|Similar Fact Evidence}}
{{seealso|Similar Fact Evidence}}
{|class="wikitable" style="width: 650px; background-color:white;  text-align: left;"
{|class="wikitable" style="width: 650px; background-color:white;  text-align: left;"
Line 12: Line 10:
{{Style of Cause}}
{{Style of Cause}}


{{TITLE|NOTICE OF INTENTION TO ADDUCE Similar Fact Evidence|(''Count to Count'')}}
{{TITLE|NOTICE OF INTENTION TO ADDUCE SIMILAR FACT EVIDENCE|(''Count-to-Count'')}}


{{WHEREAS Charges}}
{{WHEREAS Charges}}
Line 18: Line 16:
{{WHEREAS Trial}}
{{WHEREAS Trial}}


'''TAKE NOTICE''' that pursuant to ''R v Khelawon'', 2006 SCC 57 and ''R v Bradshaw'', 2017 SCC 35 at the forthcoming trial upon these charges, the Crown will introduce records, particulars are as follows:
'''TAKE NOTICE''' that pursuant to ''R v Handy'', at the forthcoming trial upon these charges, the Crown will introduce evidence, particulars are as follows:
# ______________________________________
# ______________________________________
# ______________________________________
# ______________________________________

Revision as of 13:27, 19 February 2021

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

Notice

See also: Similar Fact Evidence
Notice to Adduce Similar Fact Evidence (Count-to-Count)

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– and –

[ACCUSED NAME]




NOTICE OF INTENTION TO ADDUCE SIMILAR FACT EVIDENCE
(Count-to-Count)




WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time].

TAKE NOTICE that pursuant to R v Handy, at the forthcoming trial upon these charges, the Crown will introduce evidence, particulars are as follows:

  1. ______________________________________
  2. ______________________________________
  3. ______________________________________

AND TAKE NOTICE that the Crown seeks to use these records to establish the following facts:

  1. ______________________________________
  2. ______________________________________
  3. ______________________________________

THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS:

  1. [enumerate the principles that apply to the circumstances]
  2. ...
  3. Any additional grounds as counsel may advise and this Honourable Court may permit.

THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS:

  1. [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances]
  2. ...
  3. Any additional grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. ...
  3. Any additional evidence as counsel may advise and this Honourable Court may permit.
THE APPLICANT SEEKS THE FOLLOWING RELIEF

An Order for [describe the type of order and terms of the order].

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT

In accordance with the appropriate Rules of Court,

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: [email protected]

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[Counsel's name]
[Counsel's title]

[Internal File Coding]

See Also