What is the burden of proof for the prosecution in a dangerous driving case involving an accused who testifies on his own behalf?
Ontario, Canada
The following excerpt is from R. v Bradley, 2016 ONSC 2003 (CanLII):
After extensively reviewing the evidence heard at trial, the trial judge noted the burden of proof upon the prosecution, “the principles in Regina v. W.D.” with the appellant having testified, and the relevant jurisprudence respecting dangerous operation of a motor vehicle. The reasons also identified the correct legal approach to use of a prior criminal record respecting an accused who testifies on his own behalf.
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