What is the test for requiring an accused to explain or contradict?

Saskatchewan, Canada


The following excerpt is from Price v. McCracken, 1969 CanLII 612 (SK QB):

And later, quoting from Abbott, C.J. in Rex v. Burdett (1820) 4 B & Ald 94, 106 ER 873, said: “‘No person is to be required to explain or contradict, until enough has been proved to warrant a reasonable and just conclusion against him, in the absence of explanation or contradiction; but when such proof has been given, and the nature of the case is such as to admit of explanation or contradiction, if the conclusion to which the proof tends be untrue, and the accused offers no explanation or contradiction; can human reason do otherwise than adopt the conclusion to which the proof tends?’ ”

Other Questions


Is a preliminary hearing judge required to commit the accused to trial? (Saskatchewan, Canada)
Is an affidavit filed in breach of the requirements of the Rules of Civil Procedure requiring strict compliance? (Saskatchewan, Canada)
Does a by-law requiring pedestrians to cross the tracks between a railway line and a public road require them to cross at a walking pace? (Saskatchewan, Canada)
In what circumstances will the court require that a document be submitted so that the contents of the document can be reviewed by the court to determine whether it is privileged? (Saskatchewan, Canada)
What is the law on the degree of proof required in divorce actions? (Saskatchewan, Canada)
Can an accused or his counsel waive procedural safeguards enacted for his benefit? (Saskatchewan, Canada)
What is the standard of proof required for a learned trial judge to prove a claim of false imprisonment? (Saskatchewan, Canada)
Does the issue of informed consent by an accused under s.8 of the Charter apply? (Saskatchewan, Canada)
What is the test for breaching the terms of a contract where a contractor is required to bore 150 feet (50m) of rock to complete a well? (Saskatchewan, Canada)
Can an accused plead a plea of autrefois acquit? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.