What are the reasons of a trial judge’s failure to state that they have a reasonable doubt?

Canada (Federal), Canada

The following excerpt is from R. v. R.E.M., [2008] 3 SCR 3, 2008 SCC 51 (CanLII):

If the answers to these questions are affirmative, the reasons are not deficient, notwithstanding lack of detail and notwithstanding the fact that they are less than ideal. The trial judge should not be found to have erred in law for failing to describe every consideration leading to a finding of credibility, or to the conclusion of guilt or innocence. Nor should error of law be found because the trial judge has failed to reconcile every frailty in the evidence or allude to every relevant principle of law. Reasonable inferences need not be spelled out. For example if, in a case that turns on credibility, a trial judge explains that he or she has rejected the accused’s evidence, but fails to state that he or she has a reasonable doubt, this does not constitute an error of law; in such a case the conviction itself raises an inference that the accused’s evidence failed to raise a reasonable doubt. Finally, appellate courts must guard against simply sifting through the record and substituting their own analysis of the evidence for that of the trial judge because the reasons do not comply with their idea of ideal reasons. As was established in Harper v. The Queen, 1982 CanLII 11 (SCC), [1982] 1 S.C.R. 2, at p. 14, “[a]n appellate tribunal has neither the duty nor the right to reassess evidence at trial for the purpose of determining guilt or innocence. . . . Where the record, including the reasons for judgment, discloses a lack of appreciation of relevant evidence and more particularly the complete disregard of such evidence, then it falls upon the reviewing tribunal to intercede.”

Other Questions


If there is an error in the finding that a defendant is not guilty beyond a reasonable doubt on the basis of reasonable doubt, is that error harmless beyond reasonable doubt? (MultiRegion, United States of America)
In reviewing whether a state trial judge should have sua sponte conducted a competency hearing, can a federal court consider only the evidence that was before the trial judge? (MultiRegion, United States of America)
In what circumstances will a judge order a new trial on the grounds of reversible error in a nonstatutory reasonable doubt instruction? (MultiRegion, United States of America)
What is the current state of the law on "reasonable reason" for an alien's failure to attend a hearing? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
How has reasonable doubt been interpreted by courts in defining reasonable doubt? (MultiRegion, United States of America)
Can the failure of the trial court to inquire into the prosecutor's reasons for the peremptory exclusion of minority venirepersons from a trial without further proceedings? (MultiRegion, United States of America)
Is the trial judge's failure to inquire the jury as to its exposure to six newspaper articles during the trial? (MultiRegion, United States of America)
What is the difference between a trial judge and a jury in a case where the trial judge declined even to examine the documents after reviewing the documents? (MultiRegion, United States of America)
Does the trial judge erred in denying a post-trial motion for a new trial based upon alleged violations of sequestration order by members of the jury or marshals assigned to supervise the jury? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.