What is the minimum instruction for a jury to raise a reasonable doubt in a criminal case?
British Columbia, Canada
The following excerpt is from R. v. Huenemann, 1993 CanLII 170 (BC CA):
66 It is argued that this instruction "fell short" of the minimum instruction suggested by Cory J. in Regina v. W.(D.), 1991 CanLII 93 (SCC), [1991] 1 S.C.R. 742. In particular, it is argued that the use of the phrase "raises a reasonable doubt" in the last sentence had the effect of shifting the onus of proof to the appellant.
"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 there any case law where there was no evidence which proved the case beyond a reasonable doubt? (British Columbia, Canada)
Is there any case law in the history of the Court of Appeal to support the argument that reason is insufficient to support a claim of reason? (British Columbia, Canada)
What are the reasons given in reasons delivered in a civil case? (British Columbia, Canada)
In a Workers’s Compensation Appeal Tribunal case, is there any case law that supports the argument that there is no case law in favour of a claim under the Employment Benefits Act? (British Columbia, Canada)
What are sufficient reasons are required for a trial judge to leave a defendant with no reasonable doubt? (British Columbia, Canada)
What is the case law on the re-opening of a plaintiff’s case in a civil case? (British Columbia, Canada)
What is the relevant time frame for calculating a delay under s. 11(b) of the Criminal Code of Canada for the purpose of computing a reasonable trial within a reasonable time? (British Columbia, Canada)
Is there any case law where a fugitive has been convicted of a criminal offence in Canada but not a criminal attempt? (British Columbia, Canada)
Is there any case law where the presumption is to be overborne only by evidence excluding reasonable doubt? (British Columbia, Canada)
What is the defence of a defence where the defence cannot raise a reasonable doubt by mere speculation? (British Columbia, Canada)
