What is the evidential burden in a murder case?
Ontario, Canada
The following excerpt is from R. v. Findley, 2017 ONCJ 653 (CanLII):
As Mr. Justice Bastarache has noted in Charemsky v. The Queen (1998), 1998 CanLII 819 (SCC), 123 C.C.C. (3d) 225 (S.C.C.), the crown must adduce: …some evidence of culpability for every essential definitional element of the crime for which the crown has the evidential burden ... Thus, in a murder prosecution, the crown must adduce evidence on the issues of identity, causation, the death of the victim and the requisite mental state (at p. 230).
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