Colour of Right: Difference between revisions
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(Created page with "Category:Legal Principles {{Citation: | categories = [Legal Principles] | shortlink = }} ==Regina v. Demarco, 1973 CanLII 1542 (ON CA)<ref name="Demarco"/>== <re...") |
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==Regina v. Demarco, 1973 CanLII 1542 (ON CA)<ref name="Demarco"/>== | ==Regina v. Demarco, 1973 CanLII 1542 (ON CA)<ref name="Demarco"/>== | ||
Page 372 - 373 | |||
The learned trial Judge in his charge to the jury did not define the meaning of the terms "fraudulently” and: "without colour of right". Upon request by defence counsel to charge the jury with respect to colour of right the learned trial Judge recalled the jury and gave them the following direction: | |||
::HIS HONOUR: I have been asked to charge you again on what is colour of right. Now colour of right means an honest intention or state of facts which would constitute a legal justification or excuse for this woman having this car. | |||
::Now it's entirely up to you gentlemen to decide that on the evidence that you have heard here in the court room. As I said before anything that I have said about evidence, or anything that counsel have said, why you are absolutely at liberty to disregard it. But if there is a reasonable doubt, any question that the accused had a bona fide claim or right to which she is charged with stealing, she is entitled to that doubt and entitled to be acquitted. | |||
Revision as of 00:38, 15 September 2022
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-11-01 |
| CLNP Page ID: | 2005 |
| Page Categories: | [Legal Principles] |
| Citation: | Colour of Right, CLNP 2005, <>, retrieved on 2024-11-01 |
| Editor: | Sharvey |
| Last Updated: | 2022/09/15 |
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Regina v. Demarco, 1973 CanLII 1542 (ON CA)[1]
Page 372 - 373
The learned trial Judge in his charge to the jury did not define the meaning of the terms "fraudulently” and: "without colour of right". Upon request by defence counsel to charge the jury with respect to colour of right the learned trial Judge recalled the jury and gave them the following direction:
- HIS HONOUR: I have been asked to charge you again on what is colour of right. Now colour of right means an honest intention or state of facts which would constitute a legal justification or excuse for this woman having this car.
- Now it's entirely up to you gentlemen to decide that on the evidence that you have heard here in the court room. As I said before anything that I have said about evidence, or anything that counsel have said, why you are absolutely at liberty to disregard it. But if there is a reasonable doubt, any question that the accused had a bona fide claim or right to which she is charged with stealing, she is entitled to that doubt and entitled to be acquitted.
References
- ↑ 1.0 1.1 Regina v. Demarco, 1973 CanLII 1542 (ON CA), <https://canlii.ca/t/hv028>, retrieved on 2022-09-14
