What is the test for "chance or uncertainty" in the Division 2(2) of the Rules of Criminal Procedure?
Alberta, Canada
The following excerpt is from R. v. Cross, 1978 ALTASCAD 172 (CanLII):
In Regina v. Toupin 1964 CanLII 58 (SCC), 1965 S.C.R. 275, (1964) 44 C.R. 366, Hall J. at page 282 (S.C.R.) analyzed the section in this way: "The section does not require the prosecution to establish beyond a reasonable doubt that the player cannot control the ball at all. The burden is met even when the proof establishes some measure of control, but there remain elements of 'chance or uncertainty'."
"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
Can a solicitor be served as an agent under Rule 16 of the Scottish Rules of Civil Procedure? (Alberta, Canada)
What is the purpose of Rule 217 of the Rules of Civil Procedure? (Alberta, Canada)
How have the courts interpreted Rule 9.13 of the Rules of Civil Procedure? (Alberta, Canada)
What is the current test for striking out pleadings under Rule 129 of the Rules of Civil Procedure? (Alberta, Canada)
What is the test for amendment to Rule 132 of the Rules of Civil Procedure? (Alberta, Canada)
What documents and records need to be disclosed under Rule 186.1 of the Rules of Civil Procedure? (Alberta, Canada)
Is there any uncertainty or chance for a pull ticket holder? (Alberta, Canada)
Does section 77(1) of the Rules of Civil Procedure apply to a plaintiff's accident report? (Alberta, Canada)
What is the role of the Rules of Civil Procedure in the administration of civil justice in Canada? (Alberta, Canada)
In what circumstances will the rule excluding hearsay be rejected in a criminal case? (Alberta, Canada)
