R. v. Brown, 2020 ONCA 462
Jurisdiction | Ontario |
Judge | Doherty, MacPherson and Benotto JJ.A. |
Citation | 2020 ONCA 462 |
Date | 16 July 2020 |
Court | Court of Appeal (Ontario) |
Docket Number | C64901 |
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4 practice notes
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R. v. Harris,
...of the Criminal Code must be interpreted by the Supreme Court’s analysis of the issue in R. v. Khill, supra. In R. v. Brown, 2020 ONCA 462, the Court of Appeal confirmed that the third step of W(D) still applies even if the unaccepted evidence of the accused does not raise a reasonab......
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R. v. L.R.B.,
...SCC 30, [2008] 2 SCR 152). Moreover, the formula does not fit well where there is a reasonableness component to the defence (R. v. Brown, 2020 ONCA 462 (CanLII), at para. 47). In a case like the present, using W.(D.) to assess the evidence runs the risk of applying the burden of proof to it......
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R. v. Martin, 2020 ONSC 4779
...of the evidence. [9] These principles were recently affirmed in R. v. Brown, 2020 ONCA 462. ANALYSIS [10] Without dispute, the credibility/reliability of Mr. Velez and Ms. Martin are centra......
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R. v. Safronii,
...to apply the law to the facts, including whether they stressed to the jury that the burden of proof remained on the Crown: R. v. Brown, 2020 ONCA 462, at paras. 48-49. The instructions must also be considered in the context of the case to determine whether there was a reasonable likelihood ......
4 cases
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R. v. Harris,
...of the Criminal Code must be interpreted by the Supreme Court’s analysis of the issue in R. v. Khill, supra. In R. v. Brown, 2020 ONCA 462, the Court of Appeal confirmed that the third step of W(D) still applies even if the unaccepted evidence of the accused does not raise a reasonab......
-
R. v. L.R.B.,
...SCC 30, [2008] 2 SCR 152). Moreover, the formula does not fit well where there is a reasonableness component to the defence (R. v. Brown, 2020 ONCA 462 (CanLII), at para. 47). In a case like the present, using W.(D.) to assess the evidence runs the risk of applying the burden of proof to it......
-
R. v. Martin, 2020 ONSC 4779
...of the evidence. [9] These principles were recently affirmed in R. v. Brown, 2020 ONCA 462. ANALYSIS [10] Without dispute, the credibility/reliability of Mr. Velez and Ms. Martin are centra......
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R. v. Safronii,
...to apply the law to the facts, including whether they stressed to the jury that the burden of proof remained on the Crown: R. v. Brown, 2020 ONCA 462, at paras. 48-49. The instructions must also be considered in the context of the case to determine whether there was a reasonable likelihood ......