What are the reasons of a judge's decision in a sexual assault case?
Ontario, Canada
The following excerpt is from R. v. Zirkind, 2019 ONCA 401 (CanLII):
The first and broader question is whether the reasons are sufficient to explain to the appellant why he was convicted and to permit effective appellate review: R v. Sheppard, 2002 SCC 26 (CanLII), [2002] 1 S.C.R. 869, at paras. 24-25, 55; R v. R.E.M., 2008 SCC 51 (CanLII), [2008] 3 S.C.R. 3, at paras. 15-17. Where the trial judge’s reasons – read in conjunction with the evidence and submission at trial – make clear how the trial judge arrived at his or her decision, the reasons will be sufficient: R.E.M., at para. 16.
"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
What is the test for finding that a defendant in a sexual assault case has been found guilty of assault by reason of gross negligence? (Ontario, Canada)
What is the current sentencing range for an assault where the accused has pleaded guilty to a charge of assault, assault and sexual assault? (Ontario, Canada)
Can a learned trial judge still have a reasonable doubt in a sexual assault case? (Ontario, Canada)
What is a reasonable decision for a tribunal to make a decision on a motion for sexual assault? (Ontario, Canada)
In what circumstances will a judge in a sexual assault case be found to have objected to the words of the Judge at the trial of the accused? (Ontario, Canada)
What is the test for reasonable and probable grounds in a sexual assault case? (Ontario, Canada)
What is the standard of conduct of a trial judge in a sexual assault case? (Ontario, Canada)
Is there a requirement for the defence to disclose decisions on whether to continue to defend against the Crown in a sexual assault case? (Ontario, Canada)
What is the standard of deference given to the trial judge in a sexual assault case? (Ontario, Canada)
In what circumstances will a trial judge consider corroborating evidence in a sexual assault case? (Ontario, Canada)
