Fundamental Principles
Fundamental Principles of Criminal Law
The Ultimate Issue
The ultimate issue in a criminal trial, is not what actually happened, because that often can never be proven. Rather, it's whether the prosecution has met its burden to prove guilt beyond a reasonable doubt.
The Burden of Proof
Since a negative cannot be proven, the burden of proof could never be on the defense. Therefore, justice dictates that the burden of proof must be on the accuser, the prosecution.
The Standard of Proof
Proof beyond a reasonable doubt is a high standard. It is “far closer to near certainty” than the civil standard of a balance of probabilities. R. v. Starr, 2000 SCC 40 (CanLII), [2000] 2 SCR 144
If the Defendant Testifies
Fundamental fairness requires that the judge applies specific rules for assessing the evidence where an accused person testifies in their own defense.
1) If the testimony of the accused person raises a reasonable doubt, the judge must acquit.
2) If the judge does not believe the accused entirely, if the evidence which the judge does believe raised a reasonable doubt, then the judge must acquit.
3) If the judge entirely rejects the evidence of the accused person, but after considering the evidence as a whole, a reasonable doubt arises, the judge must acquit.
R. v. S. (W.D.), 1994 CanLII 76 (SCC), [1994] 3 SCR 521