CRIM 330 Lecture Notes - Lecture 10: Trace Evidence, Inq Mobile, Mens Rea
8 Apr 2017
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Crim330 week 10: basic trial matters, introduction to evidence, pre-trial delay. A discharge at a prel is not appealable by the crown. Generally: a single transaction (legal sufficiency) a single incident or pattern of events. In words sufficient to put the accused on notice. Sexual assaults over time (1 count or several) Multiple victims in a car crash (1 count or several) Crown gets a fair degree of flexibility in the single transaction rule. And in the wording of the allegation. Plead the offence def"n section or the punishment section. First degree murder (and treason) must specifically charge these offences. Did stab instead of causing bodily harm . Enough detail must be provided to allow the accused to identify the incident. Exact date and palce are not necessarily required. Usually only quashed if they are critical matters or the accused may be misled. S. 601(4. 1) says neither time nor place is normally material. Relevance + materiality + admissibility = receivability.
