What is the standard for establishing that there is evidence that there was prior to and at the time of the murder, and that the accused was a party to the crime?
Manitoba, Canada
The following excerpt is from R. v. Mikic, 2016 MBQB 225 (CanLII):
As noted at the outset, the only precondition in issue here is whether reasonable and probable grounds exist to believe that Mikic was a party to the murder. In this regard, it must be kept in mind that reasonable grounds to believe are less than a balance of probabilities or demonstration of a prima facie case. The standard is variously described as one of credibly-based probability, reasonable probability or probable cause (see Hunter v. Southam, 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145, at pp. 167-68). THE AMPLIFIED RECORD
"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
Is a party entitled to party and party costs? (Manitoba, Canada)
What is the test for determining whether a party can obtain damages from a party who infringes the same law? (Manitoba, Canada)
In what circumstances will a party be bound by a third party's expectation of receiving something in return? (Manitoba, Canada)
Are party and party costs appropriate on Class III on a motion? (Manitoba, Canada)
Can an application to suppress the true identity of parties to contemplated litigation be made without notice to the other parties? (Manitoba, Canada)
If a decision is not in favour of both parties, should both parties consider retaining counsel? (Manitoba, Canada)
What is the test for establishing that a defendant is not a party to a cause of action? (Manitoba, Canada)
Is there any case law where an umpire considered information of one party without the knowledge of the other party? (Manitoba, Canada)
What is the test for establishing that an accused has a Charter violation? (Manitoba, Canada)
What is the test for a verdict of first degree murder based primarily on circumstantial evidence? (Manitoba, Canada)
