From Criminal Law Notebook
General
- INTRODUCTION
- OVERVIEW
- BACKGROUND FACTS
- organize by headers
- Procedural facts
- Undisputed facts
- review of disputed evidence
- ISSUES
- List issues
- POSITION OF THE PARTIES
- ISSUE 1
- ISSUE 2
- ISSUE 3
- ANALYSIS
-
- ISSUE 1
- Governing Principles
- Principles Applied
- ISSUE 2
- Governing Principles
- Principles Applied
- ISSUE 3
- Governing Principles
- Principles Applied
- CONCLUSION
- Articulate disposition and declare order(s)
Credibility Trial
- INTRODUCTION
- Identify accused and charges
- ISSUE
- Has Crown proven essential elements on a standard of proof beyond a reasonable doubt?
- POSITION OF THE PARTIES
- General summation of the positions of Crown and defence
- BACKGROUND FACTS
-
- Undisputed facts
- CONTESTED EVIDENCE
- summarize disputed evidence by each witness
- witness #1
- witness #2
- accused
- LAW
- Burden of Proof remains on Crown and never shifts.
- Standard of proof is beyond a reasonable doubt.
- DW test
- Tools for evaluating evidence
- Judge may accept all, some, or none of a witnesses statement based on assessment of reliability and credibility
- To that end, Judge may consider inconsistencies (with self or others), corroboration (with other W, record E, real E), capacity to observe and remember, bias/partiality, manner of testimony, demeanour, and apply common sense to plausibility of evidence.
- The Judge has discretion make inferences of fact where it is logically and rationally connected to evidence and accords with common sense.
- ANALYSIS
- Analyze accused testimony (Does the Judge Believe the Accused? If not, does it leave the Judge in doubt on any essential element?)
- Analyze defence witness testimony (Does the Judge Believe them? If not, does it leave the Judge in doubt on any essential element?)
- Analyze the alleged victim (Does the Judge believe the alleged victim? )
- Analyze the Crown witnesses (Does the Judge believe the witnesses? )
- Consider what evidence the Judge accept
- Analyze whether on the accepted evidence, has the elements been proven beyond a reasonable doubt.
- CONCLUSION
- Articulate disposition and declare order(s)
