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REASONABLE DOUBT

REASONABLE DOUBT. What do we mean in law when we say ‘guilty beyond a reasonable doubt’?. The phrase, ‘beyond a reasonable doubt’, is a very important part of our criminal justice system.

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REASONABLE DOUBT

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  1. REASONABLE DOUBT What do we mean in law when we say ‘guilty beyond a reasonable doubt’?

  2. The phrase, ‘beyond a reasonable doubt’, is a very important part of our criminal justice system. A reasonable doubt is not a far fetched or frivolous doubt. It is not a doubt based on sympathy or prejudice. It is a doubt based on reason and common sense. It is a doubt that logically arises from the evidence, or the lack of evidence. It is not enough for you to believe that the (NOA) is/are probably or likely guilty. In those circumstances, you must find him/her/them not guilty, because Crown counsel would have failed to satisfy you of his/her/their guilt beyond a reasonable doubt. Proof of probably or likely guilt is not proof of guilt beyond a reasonable doubt.

  3. You should also remember, however, that it is nearly impossible to prove anything with absolute certainty. Crown counsel is not required to do so. Absolute certainty is standard of proof that is impossibly high. If, at the end of the case, based on all of the evidence, you are sure that (NOA) committed the (an) offence, you should find (NOA) guilty of it, since you would have been satisfied of his/her/their guilt of that offence beyond a reasonable doubt. If, at the end of the case, based on all of the evidence or the lack of evidence, you are not sure that (NOA) committed the (an) offence, you should find him/her/them not guilty of it.

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