Motions at the Beginning of a Trial Crown and Defence may present motions to the judge Stay of Proceedings (motion to stop the trial) Only judge has authority Some requirements not met (i.e. plaintiff misconduct

Presentation of Evidence Arraignment (reading of the charges) Accused enters a plea Crown evidence Section 11(d) … ”presumed innocent until proven guilty” Crown must counter or disprove this presumption of innocence 1. Crown opening statements (summarize the Case) 2. Call evidence (witness testimony and exhibits)

The Crown: types of evidence Direct evidence: eye witness testimony. Can be unreliable Circumstantial evidence: indicates a high probability of the accused guilt. Usually not enough to a conviction (R.v.Truscott (1967) Examination-in-chief: 1 st questioning of a witness. (Can’t ask leading questions – yes / no answers) Defense cross-examines witness. May ask leading questions Witness credibility is what counts! Crown may re-examine the witness

Defence: evidence May call for a directed verdict Crown has not proven actus reus and mens rea Must establish reasonable doubt Once the Crown “rests” the defence goes through the same as the Crown 1. Defence opening statements (summarize the Case) 2. Call evidence (witness testimony and exhibits) 3. Crown cross examines the Defence’s witnesses 4. Defence can re-examine their witnesses

Witnesses List of Crown witnesses must be given to the defence prior to the trial Witnesses usually appear voluntarily May be served a subpoena Refusal to appear – arrest warrant and detained for 30 days If justified (Judge’s decision) may be detained 90 days, found guilty of contempt of court

Witness continued Must swear an oath On bible Affirmation (to tell the truth) Perjury - knowingly giving false testimony with the intent to mislead Max sentence 14 yrs Adverse witness Hostile to a particular position – may be called by both Crown and defence Side that calls an adverse witness cannot bring forward evidence of the witness’s bad character Can contradict by offering other evidence

Final Summations Defence delivers a closing argument Crown is the last to provide their closing argument Judge gives the charge to the Jury Jury deliberates Verdict is read in court- decision for sentencing are arranged