Judges instruct jurors that a man is presumed to have intended the natural consequences of his acts. If, for example, he shoots his gun at another man, jurors may be able to infer that he did so intending to kill the other man. This presumption is not a presumption of law. It’s a presumption of common sense. Common sense says one is usually able to foresee the natural consequences of his acts. The acts are “his” not someone else’s. It is a presumption that may be drawn, but it is not a presumption that must be drawn. Jurors will be told by the Judge that if, on all the facts, they believe it is not the correct inference, then it should not be drawn.
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.
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