Case Law

Question 1

R v Lifchus

Answer 1

beyond reasonable doubt

Question 2

R v Cinous

Answer 2

• air of reality
• mobster murder

Question 3

R v Levesque

Answer 3

• admission of evidence in an appeal
• certain requirements for evidence

Question 4

R v Khan

Answer 4

established the principled approach

Question 5

R v White

Answer 5

• do not use consciousness of guilt
• use post-offence conduct

Question 6

R v KGB

Answer 6

• prior inconsistent statements made by witnesses other than the accused may be admitted for the truth of their contents if, on a case-by-case basis, the trial judge determines that the prior statements meet the tests of necessity and reliability

Question 7

R v Mohan

Answer 7

• developed a four criteria to determine if
  a witness is qualified as an expert
  1. relevance
  2. necessity
  3. qualification
  4. absence of any exclusionary rule

Question 8

R v Handy

Answer 8

• considerations in measuring probative value

Question 9

Graat v The Queen

Answer 9

• a witness may be permitted to present their evidence in opinion form where it is difficult for them to express the information without stating an opinion

Question 10

R v Khelawon

Answer 10

• framework for considering the admissibility of hearsay evidence