Canadian Criminal Cases Annotated: Series of Reports of Important Decisions in Criminal and Quasi-criminal Cases in Canada Under the Laws of the Dominion and of the Provinces Thereof, with Special Reference to Decisions Under the Criminal Code of Canada, 1892, in All the Provinces : with Annotations, a Table of Cases Cited and a Digest of the Principal Matters, Volume 30
Canada Law Book Company, 1919 - Criminal law
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absence accused admissible admitted alleged amended answer appeal application arrest asked authority believe by-law called Canada cause charge circumstances committed complainant conclusion considered conviction costs counsel County course Court crime Criminal Code Crown DECIDED decision defendant directed discharge dismissed district doubt effect enactment evidence expression fact follows give given ground guilty hearing held imprisonment indictment intent intoxicating liquor issue judge judgment jurisdiction jury justice leave liquor magistrate matter meaning months motion necessary objection obtained offence officer Ontario opinion particular party peace person plaintiff police possession present prisoner proceedings proof prosecution prove province provisions quash question reasonable received record referred refused regard respect Sessions shew statement statute sufficient summary SUPREME COURT taken thing tion trial trial judge tried warrant witnesses
Page 181 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 383 - We hold that evidence in corroboration must be independent testimony which affects the accused by connecting or tending to connect him with the crime. In other words, it must be evidence which implicates him, that is, which confirms in some material particular not only the evidence that the crime has been committed, but also that the prisoner committed it.
Page 250 - Act shall be held insufficient or invalid by reason of any variance between the information and the conviction, or by reason of any other defect in form or substance, provided it can be understood from such conviction, warrant, process, or proceeding that the same was made for an offence against some provision of this Act...
Page 40 - ... tends to show the commission of other crimes does not render it inadmissible if it be relevant to an issue before the jury, and it may be so relevant if it bears upon the question whether the acts alleged to constitute the crime charged in the indictment were designed or accidental, or to rebut a defence which would otherwise be open to the accused.
Page 182 - ... the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction...
Page 150 - ... complaint or information may be laid or made by the complainant or informant in person or by his counsel or attorney or other person authorized in that behalf.
Page 9 - An offence committed by a person, whether he is or is not a subject of Her Majesty, on the open sea within the territorial waters of Her Majesty's dominions, is an offence within the jurisdiction of the Admiral, although it may have been committed on board or by means of a foreign ship, and the person who committed such offence may be arrested, tried, and punished accordingly.
Page 33 - It is undoubtedly not competent for the prosecution to adduce evidence tending to show that the accused has been guilty of criminal acts other than those covered by the indictment, for the purpose of leading to the conclusion that the accused is a person likely from his criminal conduct or character to have committed the offence for which he is being tried.
Page 181 - ... every man is presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction ; and that, to establish a defence on the ground of insanity, it must be clearly proved, that, at the time of...