Is a not guilty verdict not a complete establishment of innocence?

Alberta, Canada


The following excerpt is from R. v. Welyki, 1975 CanLII 261 (AB QB):

On the one hand, Chitty, i. 648 said, "an acquittal is to be taken as a complete establishment of innocence." In Rex v. Plummer, [1902] 2 K.B. 329 at 349, Bruce J. said: "It is a very dangerous principle to adopt to regard a verdict of not guilty as not fully establishing the innocence of the person to whom it relates."

On the other hand, in Villemarie v. The Queen (1962), 39 C.R. 297 at 300 (Que. C.A.), the majority held that an acquittal of the accused when the only issue raised was identity "only means that the jury was of the opinion that the appellant had not been identified as the person who had broken into the room: it cannot be read as a finding that the offence had been committed or attempted by some person other than the accused."

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