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Rounded Corner

NUANCES OF THE LAW OF EVIDENCE – Want to be your own lawyer?

NUANCES OF THE LAW OF EVIDENCE – Want to be your own lawyer? Would you have objected to this? The Crown asked the accused what was his theory of what happened. This is objectionable because the question suggests that the accused has an obligation to provide a satisfactory theory or should be found guilty in the failure to do so, which undermines the presumption of innocence. A good trial lawyer will protect you from such improper questions and inferences. R. v. Dhaliwal

Source: CanLII – 2016 ONCA 652 (CanLII)

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