What is the test for establishing a presumption of innocence in a sexual assault case?
Ontario, Canada
The following excerpt is from R. v. S.B., 2019 ONSC 6553 (CanLII):
The starting point is that the accused is presumed to be innocent, unless and until the crown proves his guilt beyond a reasonable doubt. “Reasonable doubt is doubt based on reason and common sense which must be logically based upon the evidence or lack of evidence”: R v. Lifchus, 1997 CanLII 319 (SCC), [1997] 3 S.C.R. 320, at para. 30.
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