Lecture 16

Question 1

Facts for the Desrocher case

Answer 1

The coach refused to play Mr. Desrochers son, so then Desrocher choked him out of frustration (the coach blacked out momentarily)

Prosecutors called for Desrocher to receive four months in jail to send a message to aggressive hockey parents.

Question 2

decisions for the desrocher case

Answer 2

The court refused to grant a conditional discharge (as requested) and found him guilty (so he had a criminal record) and ordered Desrocher to pay a $2,000 fine, plus the standard $300 victim surcharge fee that goes into a provincial fund for victims of crime. He was also on probation.

He was ordered to give a DNA sample and banned from owning a gun for 10 years

He was banned for 5 years from entering arenas where GTHL games or practices are happening

For a “hockey parent” the GTHL ban, preventing him from watching his son, may have been the most impactful.

Question 3

facts of the Owne case

Answer 3

This was an appeal form a guilty verdict

Happened in a soccer game

Compliant was alleged to have been kicking accused teammates feet earlier in the game

Accused then made contact with complainants leg, resulting in a broken leg

Question 4

decision for the Owne case

Answer 4

Appeal dismissed

Question 5

jury instructions

Answer 5

the judge has to instruct the jury about what is available or not.

Question 6

what are the three stage analysis to be included in jury instructions

Answer 6

1. Whether to accept or reject the accused evidence
2. Whether the defense evidence causes the finder of fact to have a reasonable doubt of the guilt of the accused
3. If the defense evidence is rejected, whether the finder of fact is satisfied of the guilt of the accused beyond a reasonable doubt based on the evidence that he accepts.

(the real issue is not who is telling the truth, but instead, whether, on the entirety of the evidence, the crown has proven the case beyond a reasonable doubt