R v David – 2002 OJ No 3455 (CA – Simmons): [48] I agree that it would have been preferable had the trial judge instructed the jury that they could consider the s. 16 defence only if they were satisfied that the accused committed the act forming the subject matter of a particular charge and, if it was necessary that Read more...
R v Harvey – 2014 BCSC 1692 (Humpheries): [16] In the normal course, where the accused raises NCRMD, the court will be required to consider whether the Crown has proven the actus reus beyond a reasonable doubt. If it has, the court considers whether it has been established, on a balance of probabilities by the party that raised the issue, Read more...