Trial Judgement

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PRECEDENT TERMS OF USE All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

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 1

INTRODUCTION

• Identify accused and charges

ISSUE

• Given the conflicting evidence, 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/UNDISPUTED FACTS

CONTESTED EVIDENCE

• Summarize disputed evidence by each witness
• witness #1
• witness #2
• ...
• accused

LAW

• Burden of Proof remains on Crown and generally 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 witness's evidence based on an assessment of reliability and credibility
  • To that end, Judge may consider
    • inconsistencies (with self, others, records, or real evidence),
    • corroboration (with others, records, or real evidence),
    • capacity to observe (opportunity to observe, emotional state, attention)
    • capacity to remember (awareness of importance of observation at time, )
    • bias/partiality, manner of testimony, demeanour, and apply common sense to the 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.
• Touch on relevant impermissible forms of analysis

ANALYSIS

• Analyze accused testimony (Does the Judge Believe the Accused? If not, does it leave the Judge in doubt on any essential element?)
  • In each analysis, apply the "tools for evaluating evidence" (above)
• 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 accepts, including testimony, records, and real evidence.
• Analyze whether on the accepted evidence, has the elements been proven beyond a reasonable doubt.

CONCLUSION

Articulate disposition and declare order(s)

Judges should be cautious of the following typical errors

• finding that the accused tailored his evidence in response to hearing evidence from other witnesses.
• reversing the burden of proof in analysis by making the testimony a competition between the accused and crown witnesses.
• relying on bad character evidence without weighing probative vs prejudicial value.

Sexual Assault Trial

Introduction

• list charges, describe dates of trial and witnesses. Identify key allegation and defence position. Identify

Law

• Presumption of Innocence and Burden of Proof
• When an Accused testifies (ie. law of WD)
• Assessing Credibility and reliability
• Assessing Special Types of Evidence (e.g. children, etc)
• Elements of the Offence

Evidence

• AB
  • Each Incident
• CD
• Defence Evidence

Analysis

• Accused's evidence
• Complainant's evidence

Conclusion

See Also

• Sentencing Judgement