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Questions and Answers
Who is responsible for proving all of the elements of an offence?
Who is responsible for proving all of the elements of an offence?
What are the elements of an offence typically described as?
What are the elements of an offence typically described as?
What does 'reasonable grounds' refer to?
What does 'reasonable grounds' refer to?
Which element is NOT typically considered when proving an offence?
Which element is NOT typically considered when proving an offence?
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The Officer in Charge (OIC) primarily serves what function?
The Officer in Charge (OIC) primarily serves what function?
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What is required for real evidence to be introduced in a court case?
What is required for real evidence to be introduced in a court case?
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Which of the following items is an example of documentary evidence?
Which of the following items is an example of documentary evidence?
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When can an affidavit be used in court?
When can an affidavit be used in court?
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What role does the prosecution play regarding charges in court?
What role does the prosecution play regarding charges in court?
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Which of the following best describes how documentary evidence should be introduced in court?
Which of the following best describes how documentary evidence should be introduced in court?
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What is an essential characteristic of real evidence?
What is an essential characteristic of real evidence?
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What types of items could fall under documentary evidence?
What types of items could fall under documentary evidence?
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What is one of the key elements that must be established to prove an offence?
What is one of the key elements that must be established to prove an offence?
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Who is referred to as the 'Officer in Charge' in a trial context?
Who is referred to as the 'Officer in Charge' in a trial context?
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What must be confirmed to establish the location of an offence?
What must be confirmed to establish the location of an offence?
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In proving the elements of an offence related to open burning without a permit, which aspect is NOT required?
In proving the elements of an offence related to open burning without a permit, which aspect is NOT required?
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Which responsibility does NOT fall under the duties of an investigating officer?
Which responsibility does NOT fall under the duties of an investigating officer?
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What is meant by 'continuity of evidence'?
What is meant by 'continuity of evidence'?
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Which of the following actions qualifies as an offence that must be identified when proving a case?
Which of the following actions qualifies as an offence that must be identified when proving a case?
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What is necessary to define an open fire in the context of an offence?
What is necessary to define an open fire in the context of an offence?
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What is the primary goal of marking evidence collected at a scene?
What is the primary goal of marking evidence collected at a scene?
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Who bears the burden of proof to establish an offense in a court of law?
Who bears the burden of proof to establish an offense in a court of law?
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What is required for a conviction to occur in a criminal case?
What is required for a conviction to occur in a criminal case?
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Which of the following is NOT an element of the offense of operating a taxicab without a municipal taxi driver’s license?
Which of the following is NOT an element of the offense of operating a taxicab without a municipal taxi driver’s license?
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What must the defense establish once the burden of proof shifts to them?
What must the defense establish once the burden of proof shifts to them?
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Which of the following would be considered an element of the public nuisance by-law offense?
Which of the following would be considered an element of the public nuisance by-law offense?
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What must be proven about the vehicle in the case of operating without a taxi driver’s license?
What must be proven about the vehicle in the case of operating without a taxi driver’s license?
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Which of the following actions would NOT be covered under the public nuisance by-law?
Which of the following actions would NOT be covered under the public nuisance by-law?
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Who ultimately verifies the elements of the offense presented in court?
Who ultimately verifies the elements of the offense presented in court?
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What is the purpose of a voir dire?
What is the purpose of a voir dire?
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Who can examine your notes in a trial?
Who can examine your notes in a trial?
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What defines someone as 'competent' to testify in court?
What defines someone as 'competent' to testify in court?
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What does it mean for an individual to be 'compellable'?
What does it mean for an individual to be 'compellable'?
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Which type of statement indicates that a person tends to affirm the defendant's guilt?
Which type of statement indicates that a person tends to affirm the defendant's guilt?
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What is an exculpatory statement?
What is an exculpatory statement?
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What is a characteristic of a self-serving statement?
What is a characteristic of a self-serving statement?
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A defense lawyer's primary goal when examining a witness’s notes is to:
A defense lawyer's primary goal when examining a witness’s notes is to:
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Study Notes
Real Evidence
- Real evidence includes physical objects, documents, or photographs related to a case.
- Must be introduced by a witness who explains the object's relevance to the case.
- Thorough examination and identification of the object/item are necessary before testimony.
- Examples of real evidence: signs, garbage/refuse, items purchased, documentary evidence (tax records, permits, photographs).
Documentary Evidence
- Refers to writings relevant to a case, introduced through witness testimony.
- Relationships between the documents and the case must be articulated by the witness.
- Common forms: receipts, deeds, letters, and permit applications.
- In certain situations, an affidavit may substitute the need for calling a witness for direct evidence.
Prosecutorial Authority
- The prosecution has the final say on what charges will be pursued in court.
- The Officer in Charge (OIC) is responsible for determining the charges against the defendant.
Reasonable Grounds
- Defined as a set of facts or circumstances that would convince a reasonable person there is justification to believe in the occurrence of an event.
- This threshold exceeds mere suspicion.
Elements of an Offence
- Elements are factors defined in the legislation that must be proven beyond a reasonable doubt: Who, What, Where, and When.
- Elements become "facts in issue" when disputed, with all elements potentially subject to that status.
- Burden of proof lies with the prosecution to prove all elements of an offence/fact in issue.
Burden of Proof
- Principally rests with the prosecution to establish every element beyond a reasonable doubt.
- Evidence must remain uncontested through cross-examination or defense arguments for a conviction.
Exercises on Elements of Offences
- Exercise #1 focuses on operating a taxicab without a municipal driver's license: identity, timing, location, vehicle status, and driver licensing are all elements.
- Exercise #2 involves the Public Nuisance by-law: requires identifying the person involved, location, timing, and actions taken.
- Exercise #3 addresses open burning without a permit, requiring similar elements of identification and verification.
Responsibilities of Investigating Officer
- Key responsibilities include preserving evidence, gathering it, ensuring continuity, and marking it with time, date, and initials.
Continuity of Evidence
- Refers to the process of maintaining an unbroken chain of custody from the seizure of evidence to the time it is presented in court.
- Limiting the number of individuals handling evidence is preferable.
Voir Dire
- A preliminary trial to determine the admissibility of certain evidence.
- Witnesses and evidence are scrutinized, with a Attorney ruling on admissibility.
Examination of Notes at Trial
- Opposing counsel may review notes to discredit witness testimony.
- Justice of the Peace may question notes to assist in their rulings.
Competence and Compellability
- Competent individuals can legally testify and understand right from wrong.
- Compellable individuals are required to testify by law.
Types of Statements
- Inculpatory: Suggests the defendant committed the offence.
- Exculpatory: Statements that may absolve the defendant from guilt.
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Description
Explore the crucial role of real evidence in legal cases through this quiz. It covers key concepts such as witness testimony and the identification of objects or documents. Understand how evidence must be handled and introduced effectively in court.
