How should evidence be considered in a sexual assault trial where the accused testifies?
Newfoundland and Labrador, Canada
The following excerpt is from R. v. Kendall, 2013 CanLII 64076 (NL PC):
In R v. J.C.H., 2011 NLCA 8, Rowe, J.A. directed the manner in which evidence should be considered in a case where the accused testifies. He stated that the “trial judge should generally first consider the evidence offered by the Crown in support of the charges, especially that of the complainant. That sets out the case that the accused has to meet. Only if there is sufficient strength in that evidence is it necessary to consider the evidence (if any) led by the accused”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a sexual assault trial where there are two versions of the same events, what is the role of the trial judge in determining whether the accused has proven his case beyond a reasonable doubt? (Newfoundland and Labrador, Canada)
When will a trial judge decline to hear evidence in a sexual assault case? (Newfoundland and Labrador, Canada)
What is the test for eyewitness evidence in a sexual assault case? (Newfoundland and Labrador, Canada)
Is digital penetration of the vagina of a sleeping victim considered a major sexual assault? (Newfoundland and Labrador, Canada)
What is the likelihood of an appellate court ordering a re-trial on an allegation of sexual assault? (Newfoundland and Labrador, Canada)
What is the test for a jury in a sexual assault trial where there are two competing versions of the facts? (Newfoundland and Labrador, Canada)
What is the legal test for calling evidence in a sexual assault case? (Newfoundland and Labrador, Canada)
What is the impact of the trial judge's analysis of every piece of evidence at trial? (Newfoundland and Labrador, Canada)
What factors, if any, should have been considered by the trial judge in the case of a plaintiff who refused to receive an injection to treat her arthritis? (Newfoundland and Labrador, Canada)
What is the test for giving credit for time spent in pre-sentence custody for sexual assault? (Newfoundland and Labrador, Canada)
