What is the burden on the accused in the defence of mistake?
Ontario, Canada
The following excerpt is from R. v. J.R., 2004 CanLII 8865 (ON SC):
There is no burden on the accused in connection with the defence of mistake. Support for it may arise from any of the evidence, including the evidence of the complainant. See R v. Ewanchuk 1999 CanLII 711 (SCC), 1999, 22 C.R. (5th) 1 S.C.C. Conclusion
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