What is the defence of a defence where the defence cannot raise a reasonable doubt by mere speculation?
British Columbia, Canada
The following excerpt is from R. v. Bob, 2006 BCSC 972 (CanLII):
I am mindful of the law set out in R v. Todd, 2005 BCSC 1707, that the defence cannot raise a reasonable doubt by mere speculation. Chamberlist J. said, as follows:
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