Anonymous

Difference between revisions of "Pleading Not Guilty and Criminal Trials (1:VII)"

From Clicklaw Wikibooks
Line 68: Line 68:
#Crown indicates that their case is closed.
#Crown indicates that their case is closed.
#The clinician can choose to:
#The clinician can choose to:
a) make a “no evidence” motion (this is done prior to deciding to call evidence,
a) make a "no evidence" motion (this is done prior to deciding to call evidence),
b) choose not to call any evidence, or
b) choose not to call any evidence, or
c) call defence witnesses.  
c) call defence witnesses.  
#If the clinician chooses to call a defence, he or she can then call witnesses, and Crown may cross-examine each witness as they are called. #If a defence was called, defence counsel makes closing submissions, then Crown. 9.If a defence was not called, Crown makes closing submissions first, and then defence counsel. 10.The judge will consider the facts and law, make findings of fact and give his or her decision and reasons. If the accused is found guilty, a Pre-Sentence Report (PSR) may be ordered. If one is not ordered, the judge will then hear sentencing submissions.
#If the clinician chooses to call a defence, he or she can then call witnesses, and Crown may cross-examine each witness as they are called. #If a defence was called, defence counsel makes closing submissions, then Crown.
#If a defence was not called, Crown makes closing submissions first, and then defence counsel.
#The judge will consider the facts and law, make findings of fact and give his or her decision and reasons. If the accused is found guilty, a Pre-Sentence Report (PSR) may be ordered. If one is not ordered, the judge will then hear sentencing submissions.