 |
| Patrick J Ducharme |
Described in the broadest of terms, and in a non-legalistic fashion, there are only three defences available to any accused person in Canada. They are:
1. The alleged crime(s) did not occur.
2. If the alleged crime(s) did occur, the accused did not commit it (them).
3. If the alleged crime(s) did occur, and the accused performed at least some of the actions alleged to form the basis of committing the crime(s), the accused did not intend or mean to commit it (them).
Stated even more succinctly; it did not happen, if it did, I did not do it; if it did and I did do it, then, I did not mean to do it. “It” refers to whatever it is that is alleged against the accused. This is the mantra of the defence. Perhaps oversimplified, but the simplicity of it will assist particularly inexperienced counsel on what should be their focus in defending an accused.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
Subscribe to Patrick Ducharme's Youtube Channel