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R. v. Garon

How far does a trial judge have to go in reviewing the evidence for a jury? Is this enough? The Crown?s position is that she did not consent to having a beer bottle thrust up her vagina. The Defence?s position is that, after considering all of the evidence you should have a reasonable doubt on that issue. The accused does not have to prove that [P.L.] consented to this sexual activity. It is up to Crown counsel to satisfy you beyond a reasonable doubt that [P.L.] did not consent to this conduct. read more

Full post as published by Criminal Review on January 08, 2009 (boomark / email).