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Internal affairs file sheds light on Levi Chavez's time as cop
Many lines on APD file blacked out
Following Levi Chavez's not guilty verdict, the city said it will fight to make sure he never becomes an Albuquerque police officer again.
The Albuquerque Police Department fired Chavez more than two years ago. Now, KOAT is getting a look into Chavez's internal affairs file.
The file is thick and includes mostly documents from the Valencia County sheriff's investigation into Tera Chavez's death.
It contains a letter stating exactly why Levi Chavez was let go, but that detail is blacked out.
After years of paid administrative leave -- following his wife's death in 2007 -- Chavez received a termination letter from Chief Ray Schultz in April 2011.
That's right after Levi Chavez was indicted on an open count of murder.
Schultz points out Levi Chavez never showed up for a pre-disciplinary conference to defend himself.
Next, Schultz outlined exactly why he terminated Levi Chavez and the APD standard operating procedures that were violated.
But line after line is blacked out. The city said that information won't be released.
A number of pages focus on the truck Tera Chavez reported stolen. Investigators believe she found out Levi Chavez staged the theft, and that could have been a motive to kill her.
A majority of the documents detail the 911 call, Levi Chavez's initial interview and the investigation into his wife's death.
But the file also has the documents the department considered before firing Levi Chavez.
City legal officials said along with the civil case still up in the air, APD had several issues with Chavez, including the truck insurance case.
Those are the reasons they don't want him back with the department.
The city said the state Law Enforcement Academy Board could review Levi Chavez's employment records and case.
It could possibly revoke his ability to be a law enforcement official anywhere.


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Every effort has been made to ensure accuracy throughout this website. However, Giant reserves the right to change bike specifications, features, prices and colours without prior notice.

subset: commoncrawl


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He that well and rightly considereth his own works will find little cause to judge hardly of another. Thomas a Kempis
A Pharisee is hard on others and easy on himself, but a spiritual man is easy on others and hard on himself. A.W. Tozer
The harmlessness of the dove consists in not judging another; the wisdom of the serpent in distrusting ourselves. Madame Guyon
I will not judge a person to be spiritually dead whom I have judged formerly to have had spiritual life, though I see him at present in a swoon (faint)as to all evidences of the spiritual life. And the reason why I will not judge him so is this — because if you judge a person dead, you neglect him, you leave him; but if you judge him in a swoon, (faint) though never so dangerous, you use all means for the retrieving of his life. John Owen
I judge all things only by the price they shall gain in eternity. John Wesley
God is looking for broken men who have judged themselves in the light of the cross of Christ. When He wants anything done, He takes up men who have come to the end of themselves, whose confidence is not in themselves, but in God. Harry Ironside
In judging of others, a man laboreth in vain, often erreth and easily sinneth; but in judging and examining himself, he always laboreth fruitfully. Thomas a Kempis
When a man has judged himself, Satan is put out of office. When he lays anything to a saint's charge, he is able to retort and say, "It is true, Satan, I am guilty of these sins, but I have judged myself already for them; and having condemned myself in the lower court of conscience, God will acquit me in the upper court of heaven. Thomas Watson
The most dangerous leap is the leap to conclusions. Woodrow Kroll
Do not then spend the strength of your zeal for your religion in censuring others. The man that is most busy in censuring others is always least employed in examining himself. Thomas Lye
But the challenge is always this: Are men and women going to allow the Word of God to sit in judgment on their puny minds, or are they going to make their puny minds the judges of the Word of God? Alistair Begg
God's truth judges created things out of love, and Satan's truth judges them out of envy and hatred. Dietrich Bonhoeffer
If two friends ask you to judge a dispute, don't accept, because you will lose one friend; on the other hand, if two strangers come with the same request, accept, because you will gain one friend. Augustine
An individual Christian may see fit to give up all sorts of things for special reasons – marriage, or meat, or beer, or cinema; but the moment he starts saying the things are bad in themselves, or looking down his nose at other people who do use them, he has taken the wrong turning. C.S. Lewis
Whenever we assign people to condemnation without mercy because they do not do something the way we think it ought to be done or because we believe their motives are wrong, we pass judgment that only God is qualified to make (Jas. 4:11-12). John MacArthur
We are not to look for the evil things in others. We are not to see others through the warped glasses of prejudice and unkindly feeling. We are not to arrogate to ourselves the function of judging, as if men were answerable to us. We are to avoid a critical or censorious spirit. Nothing is said against speaking of the good in those we see and know; it is uncharitable judging and speaking, which Jesus condemns. J.R. Miller
People are not truly grieved by the sins in others, which they complacently expose and condemn. Too often they seem to delight in having discovered something unbeautiful in a neighbor, and they swoop down upon the blemish – like a vulture on carrion! If ever criticism is indulged in – it should be with deep grief for the friend, that the fault exists in him; and with sincere desire that for his sake it be removed; and then the criticism should be made, not in the ear of the world – but "between him and you alone." J.R. Miller
In condemning and censuring others, we are thrusting ourselves into God's place, taking his scepter into our hands, and presuming to exercise one of His sole prerogatives. J.R. Miller
Eight reasons that ministers should examine themselves, Richard Baxter:
1. You have heaven to win or lose yourselves… A holy calling will not save an unholy man.
2. You have sinful inclinations as well as others.
3. [You] have greater temptations than most men.
4. The tempter will make his first and sharpest onset upon you. If you will be leaders against him, he will spare you no further than God restrains him.
5. Many eyes are upon you, and therefore there will be many to observe your falls.
6. Your sins are more aggravated than those of other men. They have more of hypocrisy in them, and are more detrimental to the cause of religion.
7. The honor of your Lord and Master, and of His holy truth, doth lie more on you than other men.
8. The souls of your hearers and the success of your labors do very much depend upon your self-examination.


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[Skin Care] I Cured My Acne Skin with Skin Booster Treatment (水光针)03:05:00
Phew... It's been a very long time since I last talked about my skin condition. It is quite embarrassing to talk about my skin because my skin has always been in an unhealthy condition. Sometimes, my hormones decided to f*ck up with my face and you will spot wonderful pimples saying hello to you on the next day. The worst skin condition that I had was super huge pores, pimples covered around my chin with my cheek flushing for no reason at all.
Yes, I put on heavy makeup to cover those imperfections. It was very frustrating because the acne will never go away. I've tried seeking advice from skin specialist but it didn't solve my problem. Once I stopped my medication, the acne will be back and there you go, pimples everywhere.
I was too eager to solve my skin issue and forgot the root cause of it: dehydration. My skin needed hydration. I got so frustrated and I didn't know what to do with my skin anymore. That's when I got the opportunity to cure my acne problems.
Initially, I was invited for a mask treatment at MEDIVA Aesthetics. After seeking for advice to solve my skin problems, I've decided to give Skin Booster Treatment a try. Warn you, it wasn't a pleasant experience but I can guarantee this treatment is super effective. Before I share my own journey with Skin Booster Treatment, it is important for me to let you understand the history of this treatment.
What Is So Good About This Treatment?
Skin Boost Treatment is pretty common in Korea. The treatment doesn't only help to give maximum moisture to your skin, it has other benefits too! The reason for me to fell in love with this treatment is its effectiveness to solve my skin problem within 5 months time. The Skin Booster treatment is able to cure these skin problems:
- Pore control
- Reduces wrinkle and improve skin elasticity
- Brightens up dull skin and improve skin complexion
- Reduces freckles, age spots, melasma, and other pigmentation problems.
- Solves telangiectasia, skin flushing, rosacea, erythema and other vascular diseases
- Solves acne / pimples issues
The Before And After
Well, how can you trust me with all the details above, right? Here's all my images indicating my skin issues before and after treatment. I am amazed with the results, and I certainly do not regret for paying such a high price for curing my skin issues. Yes, I do pay for what I want, so a friendly reminder here, do not stereotype the Bloggers.
I took quite a lot images to track down my skin healing process, and I finally have the time to arrange them in order for your reference. Here's my 5 months journey with Skin Booster treatment, please do not get scared by my horrible pimples and large pores. Enjoy!
Note: The images are not edited with any filter, but only lighting adjustment for certain images. You may click to enlarge the images and spot the difference in details.
Before taking the first Skin Booster treatment
After taking the first Skin Booster treatment
Day 1 after taking the first Skin Booster treatment. The small bruises are now noticeable.
Day 2 after taking the first Skin Booster treatment. The small bruises are fading, red dots are more visible than usual.
Day 3 after taking the first Skin Booster treatment. Small bruises and red dots are fading. The pimples are not as reddish as before. Pores are still very large.
This is Day 1 after taking the second Skin Booster treatment at the following month. Red dots and bruises are everywhere on my face. You should now notice my pores are getting smaller.
Day 2 after taking the second Skin Booster treatment. The pimples are now turning into scars.
2 months later, after taking the second Skin Booster treatment. The pores are smaller with lighter scars on the cheek and mouth area.
Day 1 after taking the third Skin Booster treatment. The third treatment is taken at the fifth month and it is the last "pokey-pokey" session for the treatment. A few red dots here and there, but the pores are smaller than before, with no scars left, except for that stubborn one near the under lip.
This is my current skin condition. I am absolutely amazed with it. Although, there are still random pimples pop up every now and then due to hormone imbalance, the skin still recovers pretty quickly.
Intrigued To Know The Process?
I had to mosaic those eyes because they looked funny HAHAHAHAHA. Anyway, it's pretty simple. Slaps on those numbing cream all over the face, then the poking session starts and ends with a piece of cooling mask. The poking session only involves the whole face except the nose and under eye areas.
Things You Must Take Note:
After the Skin Booster treatment, you might feel your skin dryer than usual. It is normal because the treatment will require you to feed lots of ywat. After the treatment, it is best to keep your skin hydrated at all times. Here's a few tips to keep your skin moisturized at all times.
- Drink lots of water to increase nutrient absorption for your skin
- Sunblock is your best friend. Remember to put it on your face wherever you go.
- Do not eat spicy or seafood for at least three days.
- Put on mask at least once a day. I would advice you to put on mask at least twice a day: one at the morning, one at night.
Where Do I Get More Information?
MEDIVA Aesthetics (Google Map)
Address: No.151-1, Tingkat 1, Jalan Radin Bagus, Bandar Baru Sri Petaling
Kuala Lumpur, Malaysia
Contact Number: 03-9544 4503
Whatssap / Wechat: 016-215 9157
Frequent Asked Questions
Is this painful?
Nope! I was given numbing cream and waited for an hour for my skin to feel nothing before they poke the needle into my skin.
Are they making any changes to your facial feature with this treatment?
No. Skin Booster treatment does not involve any surgical procedures. It is a treatment that improves skin appearance through injections. And nope, it is not Botox.
Should I avoid seafood after the treatment?
Yes. you should. I would recommend you to not take in any seafood ( and egg) for at least 3 days because some seafood can hamper wound healing. I know you love seafood, but for the love of pretty skin, let's just avoid it for some days.
No. Skin Booster treatment does not involve any surgical procedures. It is a treatment that improves skin appearance through injections. And nope, it is not Botox.
Should I avoid seafood after the treatment?
Yes. you should. I would recommend you to not take in any seafood ( and egg) for at least 3 days because some seafood can hamper wound healing. I know you love seafood, but for the love of pretty skin, let's just avoid it for some days.
Will you re-purchase?
Yes! Definitely! The treatment is a steep price to pay but who doesn't love to be pretty? As long as the results are there, I will be going for the same treatment again.
Disclaimer: I purchased the Skin Booster treatment and only being sponsored by one facial treatment that doesn't included in the Skin Booster treatment package. All opinions expressed are my own, which based on my personal experiences and preferences on the product. Results may vary on different person.
4 comments
Awesome results! Noticed that the price isn't mentioned in the post? May I know how much does it cost?ReplyDelete
Your sharing are so much detail!! Your skin really improve indeed!!ReplyDelete
Good post, love this sharing so much, thank you!ReplyDelete
It's a nice article, Which you have shared here about the Skin booster treatment. Your article is very interesting and I really liked the way you expressed your views in this post. Thank you. Skin booster treatment in Singapore Aesthetic clinicReplyDelete


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… in Christ Jesus you are all children of God through faith. As many of you as were baptized into Christ have clothed yourselves with Christ. There is no longer Jew or Greek, there is no longer slave or free, there is no longer male or female; for all of you are one in Christ Jesus. And if you belong to Christ, then you are Abraham's offspring, heirs according to the promise. (Galatians 3:26-29 NRSV)
Faith in Jesus Christ is the greatest leveler that there is! It is 'through faith' that we become 'children of God' by believing in him and what he has done for us, and in who he is and trusting in him alone. Also when we are baptized we clothe ourselves with Christ, so when God the Father sees us he only sees us in Christ, this means he sees us all the same as he sees each one of us in Christ.
It is because of this that there is no longer any division between us on grounds of race and religion, 'Jew or Greek', on grounds of social or economic status, 'slave or free', or on grounds of gender, 'male or female'. We are all of equal standing and importance united in Christ.
As Jesus was Abraham's offspring and the heir to the promise that God gave to Abraham, so we are now also heirs to those promises as we are now in Christ.
These truths say a massive amount about who we are as Christians, and about how we should live.
Who we are? We are…
- All equal;
- A people of promise;
- A people of faith;
- In Christ Jesus;
- Heirs;
- Under grace not law;
- Children of God;
- Free!
How should we live? We should live…
- Through faith;
- In unity (though not uniformity);
- As free people;
- As God's friends and family;
- By grace.
Let's really get hold of who we are in Christ Jesus, it will transform us both individually and corporately!


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Gift for someone special!
Ideal for Valentine!
Secret of rich gateau chocolat!
Cooking is Chan-Chii!
Such as wedding anniversary or Valentine's ...
Gift for someone special on a special day!
It is a little bitter Gateau Chocolat adults.
[18cm type]
- Chocolate bar (black) 50g × 3sheets
- Cream 50ml
- Butter 60g
- Sugar 40 ~ 50g
- 3 eggs
- Cake flour 15g
- Pure cocoa powder 15 ~ 20g
- Sugar for meringue 20g
- Powdered sugar appropriate amount
1, is placed in heat bowl is divided by hand chocolate, 1 minute heat at cream and butter put range. Once taken out, and heated again for 1-2 minutes After mixing gently, to keep dissolved the complete chocolate and butter.
2, put the yolk and sugar in a separate bowl, Surimazeru well until creamy in whipper.
3, Once mixed well and poured two of dough into 1 of the bowl, and mix to put while sifted flour and cocoa.
※ The Preheat start the oven to 180 ℃.
4, also while taking separately the sugar for the egg white and meringue into another bowl to 2-3 times, make the meringue mix with a hand mixer until firmly corner stand. (The last is good to prepare the texture and mix at low speed.)
※ much not come fall even shaken and turned over the bowl is a guide.
5, 3 put 1/3 of the 4 of meringue to the ball firmly in the mix whipper, the rest of the meringue and mix, etc. each time rubber spatula to put divided into about two times.
6, and dropped lightly type When you put the dough into a mold and is completed when baked 30-35 minutes at 180 ℃.
Finally I should be your makeup with powdered sugar ♪
When lay overnight, you can experience more moist rich gateau chocolat by ♡
We are very pleased to comment for me to beyond the sea! !
Always HMH Everyone, we are very impressed! !
Follow and comment in Instagram, Google + to follow and comments, to the Blogger comments, to post a comment, it is very happy!
It is inspiring and get to share the post!
Thank you very much! !
Please follow thank you.
In Japan, women will present the chocolate to men.
I offer a description for everyone of other countries in the blog.
Please come to play by clicking.
Link to the description page by clicking the link in the blog.
I am looking forward to welcoming everyone.
- HMH writes this blog -


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Trash Collection Fee Due by December 1, 2017We would like to remind you that the Trash Collection Fee is due no later than Friday, December 1, 2017. The unit charge of $125 covers the period of July 1, 2017 through June 30, 2018.Any payment postmarked or received after December 1, 2017 will be subject to interest of 1 ½ percent per month from the due date of November 1, 2017.Payments should be mailed to: Town of Ellington, PO Box 158, Ellington, CT 06029-0158orVisit the website at ellington-ct.gov to pay your trash collection fee bill online. Trash collection fee bills cannot be accessed by name; you must enter your bill number. The Tax Office is located at Town Hall, 55 Main St., Ellington, CT and is open as follows:Monday ~ 8:30 a.m. to 6:00 p.m.Tuesday through Thursday ~ 8:30 a.m. to 4:00 p.m.Friday ~ 8:30 a.m. to 1:30 p.m. If you have any questions please contact the Tax office at 860-870-3113, visit our website (click here) or contact us by email at firstname.lastname@example.com .
Copyright 2016. All Rights Reserved.
55 Main Street, Ellington, CT 06029


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Coronavirus Live Count Map India
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Coronavirus Live Count Map World
Coronavirus FAQ PDF
When youve seen a couple fight or having a petty argument, what is the first thing that comes in your mind?
Probably you think that you will never allow arguments to set in your relationship (especially when you get married), or will never think to start one, but arguments seem to come naturally. You argue about the brand of coffee, or what to eat at lunch, who will do the dishes, etc. Sometimes, more than that, but regardless of your reasons for the argument (or fight), patching up a troubled relationship and having a solution is very important.
Second to God, our partners are a believers most valuable asset. Companions provide a listening ear for our troubles, support for our dreams, and a safety net when we fall. They give us love, even when we are unlovable. They are and must be our friends. Inevitably, though, sometimes we go through troubled periods and a solution should be sought through the following steps:
- Address the situation. Acknowledge to your partner that something is amiss and needs to be fixed.
- Determine the problem. Together, discuss where the relationship veered off course and what wrongs may have been spoken or committed. Be honest and let your honesty be in its proper place. Remember, you are talking to your partner, another half of yourself.
- Apologize. As believers we accept responsibility for our actions and seek forgiveness.
- Refuse to blame. In addition, we must avoid defending ourselves. There could be a temptation to argue over who did what; however, the goal is not proving who is right but saving the relationship.
- Begin repairs. Ask, "What can I do to rebuild our closeness?" The key here is to do willingly whatever is requested.
- Commit to rebuilding. Immediately start investing your time, energy, and love in restoring the relationship.
In order to have the blessing of a good relationship, with a partner who accepts and loves us, we must be willing to pay the high price of patching things up. Walking away might seem easier, but in the long run, we would lose a valuable treasure.
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create a free account.
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At each and every time, you are required to present a superior essay. Its superiority must depend on the quality of the information contained in the paper as well as the writing standards. The standards include the language and the style of the essay. This will require that you source for superior writing services. Whereas these are available from various companies offering fast essay writing services, not all companies are able to deliver superior quality that is upto the required standards.
You can find superior essay writing companies through internet search engine. This is for the reason that majority of these companies operates an online platform through which their existing and prospective customers can easily contact them. To find them, you are simply required to key in the keywords "superior essays" and you will get a long list of the companies that engage in the service. It is important however, to peruse through the list to indentify the best placed company that will provide you with the best superior essay.
The superior essay writing service you should seek should be one that ensures that you get unique essays written. This is done through their fast essay writing services which is tailored to ensure you get an essay which is written in respect to your laid out instructions. To enhance this, the companies have a team of highly experienced writers. Writers are trained on recommended writing standards and as well, they are experienced in research skills that puts them a notch higher in ensuring they provide you with quality content regarding your chosen topic.
Superior essay writing companies also ensures that they are easily accessible. This is through provision of user-friendly websites that are easy to navigate through. They have order forms on their websites that allows you to place your orders fast irrespective of your geographical location and more so ensures that you receive your project within the stipulated time.


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The below article was written by Harvard Health Publications: Harvard Medical School. Check out more of their work here: http://www.health.harvard.edu/
Relaxation techniques: Breath control helps quell errant stress response
The term "fight or flight" is also known as the stress response. It's what the body does as it prepares to confront or avoid danger. When appropriately invoked, the stress response helps us rise to many challenges. But trouble starts when this response is constantly provoked by less momentous, day-to-day events, such as money woes, traffic jams, job worries, or relationship problems.
Health problems are one result. A prime example is high blood pressure, a major risk factor for heart disease. The stress response also suppresses the immune system, increasing susceptibility to colds and other illnesses. Moreover, the buildup of stress can contribute to anxiety and depression. We can't avoid all sources of stress in our lives, nor would we want to. But we can develop healthier ways of responding to them. One way is to invoke the relaxation response, through a technique first developed in the 1970s at Harvard Medical School by cardiologist Dr. Herbert Benson. The relaxation response is a state of profound rest that can be elicited in many ways, including meditation, yoga, and progressive muscle relaxation.
Breath focus is a common feature of several techniques that evoke the relaxation response. The first step is learning to breathe deeply.
The benefits of deep breathing
Deep breathing also goes by the names of diaphragmatic breathing, abdominal breathing, belly breathing, and paced respiration. When you breathe deeply, the air coming in through your nose fully fills your lungs, and the lower belly rises.
For many of us, deep breathing seems unnatural. There are several reasons for this. For one, body image has a negative impact on respiration in our culture. A flat stomach is considered attractive, so women (and men) tend to hold in their stomach muscles. This interferes with deep breathing and gradually makes shallow "chest breathing" seem normal, which increases tension and anxiety.
Shallow breathing limits the diaphragm's range of motion. The lowest part of the lungs doesn't get a full share of oxygenated air. That can make you feel short of breath and anxious.
Deep abdominal breathing encourages full oxygen exchange — that is, the beneficial trade of incoming oxygen for outgoing carbon dioxide. Not surprisingly, it can slow the heartbeat and lower or stabilize blood pressure.
Practicing breath focus
Breath focus helps you concentrate on slow, deep breathing and aids you in disengaging from distracting thoughts and sensations. It's especially helpful if you tend to hold in your stomach.
First steps. Find a quiet, comfortable place to sit or lie down. First, take a normal breath. Then try a deep breath: Breathe in slowly through your nose, allowing your chest and lower belly to rise as you fill your lungs. Let your abdomen expand fully. Now breathe out slowly through your mouth (or your nose, if that feels more natural).
Breath focus in practice. Once you've taken the steps above, you can move on to regular practice of breath focus. As you sit comfortably with your eyes closed, blend deep breathing with helpful imagery and perhaps a focus word or phrase that helps you relax.
Ways to elicit the relaxation response
Several techniques can help you turn down your response to stress. Breath focus helps with nearly all of them:
And yes, you can even find time to breathe on the job, in your car, on the train, in rehearsal or any other environment. We can help you get there. Contact us now for a complimentary class for your organization!
Keep up with Full Force!


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"Drawing from 30 years of industry experience, Anergy are at the forefront of a waste transformation technologies globally"
Michael Martella, CEO
We will plan, test, develop and deliver a complete product to suit our customer's needs, taking ownership of the time, cost and risk asscociated with projects of this sort.
We have access to world leading technologies in the fields of waste pyrolysis, biochar and coal char manufacture as well as direct combustion systems and carbon regeneration plants through our affiliate, Australian based Ansac, the thermal processing specialist.
Our specific knowledge of the complexities and requirements of these projects allow us to deliver a more cost effective and technologically superior system to others on the market, allowing customers to focus on the demands of their own business
Anergy Limited


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Sorry, due to the Coronavirus (COVID-19), this orchestral concert has been cancelled.
Friday 27th March, 2020 – 7.30pm
Victoria Hall, Hanley
You already know Dvorak's Symphony from the New World – now hear his symphonic homage to the old, stormy and passionate, filled with all those lovable lilting Dvorak melodies. Simon Trpčeski, a Festival favourite, will bring his power and virtuosity to the performance of Shostakovich's magnificent second Piano Concerto.
Overture & Three Dances from The Bartered Bride
Piano Concerto No.2
Symphony No.7
Tickets Available From
Music Mania Tickets: 01782 206000
3-6 Piccadilly Arcade, Hanley, Stoke-on-Trent
- Season Tickets from only £116 for 8 concerts
- Flexi Tickets choose any 5 concerts, stalls seating only for £111
Tickets for both series are on sale NOW and subject to an administration/postage fee.
(Season Tickets £12.00 and Flexi Tickets £9.00)
£34.00 • £27.00 • £25.00
£22.00 • £20.00 • £18.00
Booking fees may apply.
Music Mania Tickets
Tel: 01782 206000
3-6 Piccadilly Arcade • Hanley • Stoke-on-Trent ST1 1DL


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There are several things to consider when making this choice:
Floorstanders are naturally a much larger speaker, and ideally benefit from a larger room. If you have a dedicated room for your Hi FI or are not pushed for space, floorstanders are a potential option.
If you are limited for space, then a bookshelf may be a better solution. They will give you more room for setup, and may actually offer a more pleasant sound. The last thing you want is a floorstander jammed into a corner, which has no room for set up as you will never get you the sound you are after.
2. Sound
Floorstanders tend to be seen as the preferred choice when it comes to loudspeakers (when nothing else is an issue, such as size, finish etc..) This can be seen from manufacturers such as Tannoy, Advance Paris, Cabasse, Spendor etc.. all of whom offer floorstanders as their reference speakers. That isn't to say that a bookshelf or standmount speaker is a bad choice, and many manufacturers do offer very high end bookshelf options such as Diapason, Rega etc..
Both options will add their own unique sound. Floorstanders can offer a much lower controlled bass, due to the fact they can incorporate a dedicated bass driver and ports. Another key reason is the cabinet size, if you used a bass driver from a floorstander in a bookshelf you would still not get the same amount of bass. Speakers are a mixture of many elements brought together to work with each other, and therefore are designed to work with a mixture of components to achieve the ideal sound.
A book shelf speaker would tend to be much faster, adding a lot of detail and tend to be very precise so its always best to look at the type of sound you are trying to achieve before deciding which option is best for you.
3. Price
This is where the the bookshelf option really begins to shine. On average an equivalent bookshelf speaker tends to be around 50% cheaper than the comparable floorstander, while also using the same internal cabling. The cost difference will tend to lie with the cabinet size, added drivers etc...So again its worth having a look at the bookshelf option, as it may actually suit your listening needs better, and save you a lot of money in the process. The other option of course is using the money you have saved to invest in cables, which might actually be a better overall sound for you than you would have been able to achieve with the floorstanders.
Both options have there pro's and con's. It may be worth having a listen to a few options, hear the differences for yourself and then looking at some of the variables mentioned above. As always we are on hand for advice, questions or any other help you need .


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The South West's 'super show' for all those with an interest in speciality foods and quality drinks, profitable catering and inspired hospitality. The 2015 Source trade show brings together two established trade events; the Source & Taste of the West Trade Show and the Expowest Westcountry catering trade show. It combines the best of both – this is a 'super show' where you get extra helpings of fresh inspiration and exciting opportunities. Identify new trends, network, meet new and existing suppliers, and be inspired by the passion and enthusiasm they have for their products. The show will have stands for more than 200 exhibitors, ready to attract more than 2,000 trade buyers. It takes place in February to give buyers the opportunity to meet all the suppliers they need to be ready for the season ahead; discover new products, furnish their establishments, and kit out their kitchens. Meet the Newcomers; companies from the South West that have never exhibited at a trade show before and spot these rising stars on their way up! Be inspired by the chefs in the Demo Kitchen, add new ideas to your menus, and learn from the best. The 2015 show will also launch the prestigious 2015 South West Chef of the Year competition with the 2014 winner demonstrating his/her winning dish. The successful and growing Westcountry Tourism Conference will be running alongside the show, with two 1/2 day events bringing together leading tourism businesses and industry experts.
Inspiration and opportunity on a plate
2015-02-04 - 2015-02-05


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Recent celebrity sightings at OpenTable restaurants…
* Natalie Portman and her son lunched with Rashida Jones at AKASHA in California's Culver City. [US Weekly]
* Olympian Ryan Lochte continues to celebrate his wins in Sin City, dining with friends at Bacio at the Tropicana Las Vegas. [People]
* Edward Norton celebrated a birthday at DOSA on Valencia in San Francisco. [Tablehopper]
* GOAT tennis star Roger Federer had a late meal with wife Mirka at Manhattan's Eleven Madison Park. [NY Post]
* Bruce Willis dined at Fred's at Barneys in New York City with his family. [NY Post]
* Musical mates Elvis Costello and Diana Krall hit up Hayes Street Grill in San Francisco. [Tablehopper]
* Jonah Hill and Russell Simmons attended a party at Marble Lane in Manhattan. [NY Post]
* Hunger Games lead Jennifer Lawrence was anything but hungry while ringing in a birthday with pals at Mercato di Vetro in West Hollywood. [People]
* Game of Thrones co-stars Kit Harington and Rose Leslie got up close and personal in real life at Rossopomodoro in London. [Daily Mail]


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Difference between revisions of "Pleading Not Guilty and Criminal Trials (1:VII)"
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Leading Questions:
Leading Questions:
A leading question is one where the answer is suggested in the question. For example: "did you see Joe punch the Steve?" The party calling the witness cannot ask leading questions. ''However, on cross-examination the practice is allowed and encouraged''. A common exception to the rule against leading questions in direct is when leading questions are used in order to introduce matters to the court. For example "Your name is John Doe and you reside at 555 University Drive?" Leading questions may also be used in direct examination if they relate to non-contentious issues.
Witnesses are expected to tell the court what they personally observed, heard or did. Hearsay is a common objection that arises because witnesses are often told things by other persons about the event.
Hearsay is if the purpose the hearsay is to the of fact
of the person
. The
of (
Latest revision as of 16:06, 8 February 2020
A. Arraignment hearing
The purpose of an arraignment hearing is for the court to be advised whether the matter is for trial or disposition (guilty plea) and to set aside the required court time for the trial or disposition. It is also an opportunity to canvass any possible disclosure or Charter issues. If the client is not prepared to make a decision on whether to plead guilty or run a trial at the time of the hearing, the arraignment hearing should be adjourned until the clinician can consult with the supervising lawyer and obtain clear instructions from the client.
1. Setting the trial date
LSLAP clinicians are encouraged to, but are not required to appear in court to set a trial date. Whether or not the student is attending, a Trial Date Request Form must be completed and faxed to the Judicial Case Manager prior to the appearance date. This form must be approved by the LSLAP Supervising Lawyer and then given to the Administrator to be faxed.
- NOTE: The client must still attend the Arraignment Hearing and enter a plea of not guilty in order for the trial date to be set.
2. Arraignment hearing (trial fix date procedure)
If the clinician will be attending the arraignment hearing they should take a copy of the trial date request form. The clinician must bring two additional copies of the report to the appearance. One copy is filed with the court and the other given to the Crown.
At the appearance, a not guilty plea is entered and the time estimate for the trial is confirmed. The Crown will provide the court with its time estimates and the number of witnesses. It is essential for the clinician to note this information.
The judge or JP will then ask the clinician for their position on the time estimate and then decide how much time is appropriate to set aside for the trial The clerk will provide counsel with a form to take tothe Judicial Case Manager (JCM) to set a trial date. It is important that the client attends the JCM with the clinician, as the JCM will then adjourn the client to the pre-trial conference (PTC) date. It is essential that the clinician remind the JCM that he/she is an LSLAP student and a pre-trial conference (PTC) be set.
Once the trial and PTC dates are set, the clinician will receive a pink trial scheduling memo indicating the dates and times of the appearances. This must be brought back to the LSLAP office and placed in the file. The Public Relations director as well as LSLAP's administrative assistant must be advised of these dates so that supervising lawyers can be arranged. It is advisable to have the JCM print out an extra copy of the pink memo to be given to the client.
B. Appearance for trial - elections as to mode of trial
There are a number of different modes of procedure, although LSLAP students will only appear on summary matters.
1.Summary conviction offences
The accused has no right of election. The trial is held before a Provincial Court judge. There is no preliminary inquiry.
2. Hybrid offences and indictable offences
For a hybrid offence where the Crown chooses to proceed summarily, see above.
For a hybrid offence where the Crown chooses to proceed by indictment, or where the offence is strictly indictable, the accused has the right to elect a mode of trial, unless the indictable offence is listed in sections 469 or 553 of the Criminal Code.
Where the accused has the right of election, he or she will be asked to elect at the arraignment hearing.
3. Electable offences
For a list of electable offences, see sections 536 (4), 554, 558, 565 and 471 of the Criminal Code. For an offence not listed in sections 469 or 553, the accused may elect to be tried by: a)a Provincial Court trial with a judge, without a jury, b)Supreme Court trial with a judge, without a jury, or c)Supreme Court trial comprised of a judge and jury.
If the accused fails to elect when the question is put to them, under section 565(1) of the Criminal Code they will be deemed to have elected a trial in Supreme Court with a judge and jury.
If an accused elects a Supreme Court trial they have the right to test the Crowns case in a Preliminary Inquiry (see below). This right to a preliminary inquiry can be waived by an accused, however this rarely occurs because, the most common reason for electing a trial before a Supreme Court (instead of a Provincial Court) is to gain the advantage of testing and discovering Crowns case during the preliminary inquiry.
If there are two or more accused who are jointly charged in an Information, then under section 536(4.2), if one party elects to proceed before a Supreme Court and the other wants Provincial Court, both are deemed to have elected to proceed in Supreme Court. If one person elects a judge and jury in Supreme Court and the other elects judge alone, both are deemed to have elected to proceed by judge and jury.
4. Preliminary inquiry
A preliminary inquiry is held before a Provincial Court judge. The primary purpose of a preliminary inquiry is to determine whether or not there is sufficient evidence to put the accused on trial. Whether or not there is sufficient evidence is measured on a low threshold ("whether or not there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty", USA v Shephard (1976), 30 CCC (2d) 424 (SCC)). If the judge determines that there is sufficient evidence then the client will be ordered to stand trial; if the judge finds that there is not sufficient evidence, the client will be discharged.
Although the primary purpose of the Preliminary Inquiry is to determine if there is sufficient evidence to meet the threshold test for committal, the 2004 amendments to the Criminal Code substantially streamlined the Preliminary Inquiry process. The historical secondary purpose of defence counsel using the Preliminary Inquiry process to discover and test the case remains an important secondary purpose. See R v. Rao [2012] BCCA 275 (CanLII) at paras 96-98.
On September 19, 2019, Section 240 of Bill C-75 will come into effect. After this date, preliminary inquiries will only be available to those accused who elect to be tried in the Supreme Court (by judge only or by judge and jury) and when at least one of the charges on the indictment is punishable by imprisonment for life. Therefore, a preliminary inquiry will be available only to those individuals who face the possibility of a life sentence.
C. Pre-Trial Conference (PTC)
The pre-trial conference is a procedural appearance for LSLAP files to confirm there is a trial supervising lawyer and that the matter is indeed going to trial, that there are no disclosure issues, and that Charter challenge notices have been given. The clinician is encouraged to, but need not attend the PTC. Clinicians are reminded that they must give notice of any Charter challenges at least 14 days prior to the trial date. In addition, a trial supervising lawyer must be confirmed by the PTC in order for LSLAP to confirm the trial date.
It can be many months between the fixing of a trial date and the trial. The clinician must endeavour to remain in contact with the client during this long time period. LSLAP requires that the clinician contact the client 2 weeks before the PTC to make sure the contact information has not changed and that the client knows when to appear in court.
If the clinician is unable to get in contact with the client before the PTC, the clinician must either appear at the PTC, or formally withdraw from the record by sending a letter to the court registry and Crown as well as the client. If both the student and the client attend the PTC, the student should obtain new contact information from the client. If the client does not attend the PTC, the student must formally withdraw from the record at that time. The student should never disclose that there have been attempts to contact the client, or when the last contact was, as this is privileged information and would constitute a breach. The clinician must then mail a letter to the client's last known address to inform them of the situation.
- NOTE: In some cases, a clinician will be transferred a file after the PTC date, and find him or herself unable to get in contact with the client. The LSLAP Executive and the Supervising Lawyer must deal with these files on a case-by-case basis.
D.The trial
1. Conduct of the trial
The standard Provincial Court trial conducted by LSLAP generally proceeds by the following procedure:
- The Crown calls the case.
- The LSLAP clinician approaches the bar, introduces him or herself, the client, and the supervising lawyer for the record and advises the court that they are ready to proceed.
- Usually Crown asks for an order excluding witnesses, which excludes any witnesses about to testify in the matter from the courtroom until such time as they are called. If Crown fails to do so and there are any witnesses in the courtroom, defence should remind the court of the need to make such an order.
- Crown will call its witnesses (called direct examination), and defence may cross-examine each witness as they are called.
- Crown indicates that their case is closed.
- The clinician can choose to:
- a) make a "no evidence" motion (this is done prior to deciding to call evidence),
- b) choose not to call any evidence, or
- c) call defence witnesses.
- If the clinician chooses to call a defence, he or she can then call witnesses, and Crown may cross-examine each witness as they are called.
- If a defence was called, defence counsel makes closing submissions, then Crown.
- If a defence was not called, Crown makes closing submissions first, and then defence counsel.
- The judge will consider the facts and law, make findings of fact and give his or her decision and reasons. If the accused is found guilty, a Pre-Sentence Report (PSR) may be ordered. If one is not ordered, the judge will then hear sentencing submissions.
Students should refer to Fundamentals of Trial Techniques by Thomas A Mauet (1992), an excellent general guideline to conducting a trial. See also Appendix D: Trial Books.
2. Nature of the trial
The goal of defence counsel at trial is not to find the truth or to seek justice. The goal of defence counsel is to test the Crown's case and to present evidence where appropriate, in order to either show that the evidence as a whole fails to prove the accused's guilt beyond a reasonable doubt, or to raise a reasonable doubt as to the guilt of the accused. Keep in mind that one way to reach reasonable doubt is to convince the trier of fact that based on the evidence presented; they simply cannot know for sure what happened. The adversarial process with defence counsel and Crown Counsel fulfilling their respective roles before a neutral trier of fact has been one of the most effective ways to find the truth and seek justice discovered by mankind. The adversarial process depends upon capable defence counsel vigorously challenging Crown's case and pursuing all viable defences.
3. Presentation of prosecution's case
Once a plea has been entered, witnesses will be excluded and the trial begins. The Crown may start with an opening address and then begin calling witnesses for examination and introducing any real evidence (objects, documents, etc.). Next, defence counsel or the accused, if not represented, may cross-examine Crown witnesses. The Crown may then re-examine their witness; however, this re-examination is limited to clarifying or explaining answers given during cross-examination. No leading questions may be put during re-examination and new material can be entered only with leave of the Court. If leave is granted, and new material entered during re-examination, then the defence will be given an opportunity to cross-examine on the new evidence (See: Earl J Levy, Examination of Witnesses in Criminal Cases).
The goal in cross-examination is to demonstrate that this particular witness's evidence is less worthy of belief, by challenging the witness's reliability or credibility, or both. The clinician is entitled to cross-examine a witness on any issue that is relevant or material to the case. The clinician does not have to have evidence on a particular point but does have to have a reasonable basis to believe whatever it is they are suggesting to the witness. The rule in Browne v. Dunn (1893) 6 R 67, H.L, states that the defence must put its case to each witness on cross-examination. This means that if there is a good possibility that your client will testify in their own defence or you have a specific defence theory that you will argue at the end of your case, then each Crown witness must be confronted with your anticipated defence evidence or theory and provided the opportunity to comment upon that evidence or theory. Typically this is done at the end of your cross examination of each witness with a number of "I suggest to you that..."
Reliability refers to a witness's ability to perceive an event accurately, and later recall and describe that event with detail and precision. This can be the scene, lighting, visibility, any obstructions or distractions, which may have affected the witness' perception. It can also be the state of the witness at the time (perhaps they were intoxicated at the time).
Credibility refers to a witness's desire or motivation to describe that event truthfully. Some common credibility challenges include:
- Motive based on personal animus towards the accused,
- A motive based on a personal bias towards the complainant or victim of the alleged crime,
- A motive based on a perceived advantage from the police arising from providing evidence to the police, and
- A witnesses' character is such that they simply cannot be trusted (history of perjury, fraud or lying to the police).
|Practice Recommendation - Prior Inconsistent Statements
|Sections 9 and 10 of the Canada Evidence Act outline the principles of cross-examination as to previous statements of a witness in criminal investigation. Prior statements can be used to question the reliability or credibility of that witness. The trier of fact decides whether there was actually an inconsistency and whether that inconsistency affects the witness's credibility or reliability or both.
There are times when the clinician may not want to put a prior statement to a witness, even if there are inconsistencies; for example, if the previous version is much worse than the version the witness presented in court.
Procedure for putting a prior inconsistent statement to a witness:
For more information, please see the LSLAP Guide to Criminal Defence Work.
a) Common objections
When the Crown is in the process of examining its witnesses, it is the clinician's job to ensure the Crown is doing so properly. Below are some common actions that lead to objections in a trial. In order to raise an objection, the clinician must rise from his or her seat, face the judge, say "objection," and then state the reason for the objection. At that point, Crown will either agree or disagree with the objection. If the Crown disagrees, the judge will make a ruling on the spot regarding the objection.
Leading Questions:
A leading question is one where the answer is suggested in the question. For example: "did you see Joe punch the Steve?" The party calling the witness cannot ask leading questions. However, on cross-examination the practice is allowed and encouraged. A common exception to the rule against leading questions in direct is when leading questions are used in order to introduce matters to the court. For example "Your name is John Doe and you reside at 555 University Drive?" Leading questions may also be used in direct examination if they relate to non-contentious issues.
Witnesses are expected to tell the court what they personally observed, heard or did. Hearsay is a common objection that arises because witnesses are often told things by other persons about the event.
Hearsay is generally defined as an out of court statement, offered in evidence to prove the truth of the matter asserted. The key factor in determining if a statement is in fact hearsay is the purpose for which the statement is being used. For example, if the witness on the stand states "the passenger in the car told me that the light was red" this is hearsay if: it is being used to prove that the light was actually red. It is unobjectionable and being used for a non hearsay purpose if the color of the light is not a contentious fact and the statement is instead being used as evidence that the passenger was alert and responsive.
There are some categorical exceptions to the hearsay rule, where evidence even though introduced for a hearsay purpose will generally be admissible if the prerequisites for that exception are met. These are called the "traditional" exceptions to the hearsay rule and include:
- voluntary confessions;
- dying declarations;
- declarations against the interest of the declarant;
- records made in the usual course of business and in the course of a duty which are admissible under the Canada Evidence Act(for example, hospital medical files);
- declarations of a state of mind or bodily condition as evidence of the state reported, but not of its cause (for example, using the declaration "I'm cold" to establish that the person making the statement was cold, but not using it for the assumption that the weather outside was cold that day);
- statements of intention (used to increase the probability that the person who made the statement actually performed that intended action); and
- spontaneous declarations (Res Gestae - statements made so closely to the event that they are connected to it; and
- Past Recollection Recorded;)
Each "Traditional" exception has its own requirements that must be met.. In addition to (and as a potential exception to) the traditional common law exceptions, courts have developed the "principled approach" to determining the admissibility of hearsay. See R v Starr, [2000] 2 SCR 144. This approach considers the at necessity and reliability of the hearsay statement and can be used where there is no traditional hearsay exception engaged or to argue that evidence should be inadmissible despite a traditional hearsay exception. The two requirements that must be met before hearsay evidence is admitted are:
- Necessity: whether the benefit of the evidence would be lost in its entirety if it is not entered (i.e. the declarant, the person who originally made the statement, is unavailable, or there is no other source by which the evidence can be admitted and have similar value);
- Reliability: this test is essentially the judicial determination of what would have been gained by cross-examination. In some cases, the circumstances in which the statement was made suggest its trustworthiness and reduce the danger of admitting evidence without an opportunity for cross-examination.
For a thorough discussion of the rules of hearsay admissibility, see Watt's Manual of Criminal Evidence and R v Khelawon, [2006] 2 SCR 787.
- When we witness behavior in everyday life we often reach conclusions regarding why we think that other person was behaving in that manner. Witnesses are expected to tell the court what they saw a person say and do and not go on to speculate as to why they think that person did what they did. For example if you see someone jumping up and down and swatting at the air you may speculate that they are being bothered by an insect. Such speculation is not proper evidence unless you also saw or heard the insect.
Opinions from Non-Experts:
- As a rule, witnesses should not make any inferences or state their opinion about what that evidence proves in their testimony, for example "I think Steve was going grocery shopping because I saw him with an empty fabric grocery bag." Instead the witness should simply state "I saw Steve and in his hands he was holding an empty fabric grocery bag." Conclusions drawn from what is seen or heard is for the trier of fact to draw not the witness to opine.
4. Voir Dires
A Voir Dire is usually referred to a "trial within a trial". It is usually held during the Crown's case in order to determine the admissibility of evidence. For example, Voir Dires can be held to determine whether a confession is voluntary and admissible or whether it should be excluded under section 24(2) of the Charter. If the evidence heard in the Voir Dire is deemed to be admissible, counsel can agree not to repeat the evidence and the Voir Dire will form part of the evidence at trial.
Two very common Voir Dires are a challenge to the admissibility of items seized in a search and a challenge to the admissibility accused confession to the police.
If there are grounds to challenge a search Crown Counsel must be alerted to the fact that defence counsel will be challenging the admission of that item into evidence with sufficient detail to put Crown on notice as to the nature of that challenge (typically an alleged breach of section 8 of the Charter).
If Crown is seeking to enter a confession into evidence that was given to the police (or other person in authority) Crown Counsel must first establish that the confession was voluntary in a Voir Dire. It is common practice that any alleged breaches of section 10 (i.e. accused not provided with access to counsel prior to his interrogation) are dealt with at the same time as Crown Counsel's Voir Dire on voluntariness.
If an accused testifies at a Voir Dire, he or she can only be cross-examined on the issuesraised in the Voir Dire.
5. Directed verdict/ no evidence motion
In all criminal cases, it is the Crown's obligation to prove beyond a reasonable doubt:
- Time & Date of the offence.
- Location and Jurisdiction of the offence (e.g.: it happened in Surrey, British Columbia).
- Identity of the accused.
- The elements of the crime actually happened (Actus Reus).
- The accused intended to commit the crime (Mens Rea).
If the Crown failed to lead any evidence on any of the above, the defence should make a no evidence motion. This asks the judge to direct the acquittal of the accused on the ground that there is absolutely no evidence of some essential element of the offence. The test was articulated by Ritchie, J. in USA v Shephard, above (also R v Charemski, [1998] 1 SCR 679). Arguments by the Crown and defence will be heard. If the defence's "no evidence" motion fails, the defence may then call its own evidence.
- NOTE: The defence may make an insufficient evidence motion when the Crown has failed to bring sufficient evidence to prove a specific element of the offence beyond a reasonable doubt. If an insufficient evidence motion fails, the defence cannot call evidence. The only practical difference between making an insufficient evidence motion and calling no evidence, allowing Crown to make its closing argument, and then urging the court to acquit based on reasonable doubt is who presents closing argument on the point first. It is usually perceived an advantage to have the last word and hence insufficient evidence motions are typically only used in conjunction with a no evidence motion, where counsel is of the opinion that although a no evidence motion has just failed an insufficient evidence motion is very likely to succeed.
6. Presentation of defence case
All accused have the right to testify in their own defence and the right to call other witnesses. After the defence examines its witnesses, the Crown has the right to cross-examine these witnesses. The defence may re-examine them in relation to new areas that could not have been anticipated ahead of time. For a discussion on when this is appropriate, see "Presentation of Prosecution's Case," above. (See Examination of Witnesses in Criminal Cases by Earl J Levy QC for a discussion of these techniques).
The defence will be invited to make closing submissions once all evidence has been heard. If the defence has called evidence, the defence closes first. If the defence does not call evidence, Crown closes first. The three main sections of closing submissions are: the facts, the law, and most importantly, applying the law to the facts that the judge should find. The judge can accept all, part, or none of a witness' testimony. If the client testifies, the W(D) principles (below) should also be discussed.
|Practice Recommendation - Entering Exhibits
|An exhibit should be entered through the witness who made (or found) the exhibit so they can validate it. Exhibits may be a photograph, a written document such as an email, or physical evidence such as an assault weapon. In the case of a photograph, the person who took the actual photograph is the one likely to enter the exhibit. It is also possible for the person identified in the photograph to enter the exhibit.
Example of an exhibit being entered by someone who took the photograph:
Example where an individual depicted in the photograph enters the exhibit:
The court will number each exhibit as they are entered, either place the appropriate number on your copy of each exhibit or keep an exhibit list so that you may refer the court or other witnesses to them later.
a) Common defences
For the defences below to be raised, they must have an air of reality. This means that all of the elements of the defence would exist if the defendant were believed on the stand. The defendant is responsible for raising this air of reality. Once that is completed, in order to obtain a conviction, the Crown must then prove beyond a reasonable doubt that the defence was not applicable in the circumstance. If that is not achieved, the defendant is acquitted.
Self Defence: sections 34-42 of the Criminal Code
- There are conditions where self-defence can be raised when the charge is assault. This can occur in a situation where the accused perceived force or a threat of force, his or her state of mind was to act in a defensive manner, and the actions taken by the accused were reasonable in the circumstances. This defence can take into account various factors, such as whether the accused had an alternative, the proportionality of the force used by the accused, as well as any history that may exist between the parties.
- If an accused is charged with assault, Crown must prove beyond a reasonable doubt that the other person did not consent to the assault. A consensual fight is not an assault as the parties are consenting to the physical contact. Consent can be negated or vitiated where the force causes bodily harm and was intended to be caused or the force was applied recklessly and the risk of the bodily harm was objectively foreseeable. In R v Jobidon, [1991] 2 SCR 714 the Court held that consent cannot be used as a defence for a criminal act such as assault which may cause "serious hurt or non-trivial bodily harm".
Lack of Mens Rea:
- Mens Rea deals with the mindset of the accused at the time of the incident and means "guilty mind." Mens Rea of the offence must be proven by the Crown beyond a reasonable doubt. If the accused person did not intend to commit the offence, he or she can raise a reasonable doubt as to whether he or she had the proper Mens Rea to commit the offence.
- Examples:
- The main Mens Rea components to the charge of theft are that the action was without color of right and the individual had intent to steal. Color of right refers to an individual's belief that they had entitlement to the property they are accused of fraudulently obtaining. If it can be proved that the individual had no intent to steal, or had an honest belief of the right to the property, theft has not occurred. The main Mens Rea components of the charge of Personal possession of a Controlled Drug or Substance includes knowledge of the substance. The possessor must know the nature of the item. An accused has a Mens Rea defence to possession if:
- 1) the accused did not know he or she had the item on him or her, or
- 2) the accused did not know the nature of the item (for example, the accused thinks the substance is baking soda and not cocaine),
7. Accused testifying
The accused cannot be compelled to testify (see s 11(c), Charter). If the accused chooses not to testify, no adverse inference may be drawn. A decision to call the accused should be made on the particular facts of each case, taking into account the strength of the Crown's evidence and the risks of exposing the accused to cross-examination. Prior convictions for crimes of dishonesty (e.g. theft, fraud, etc.) are admissible for the purpose of assessing credibility only.
If your client has a criminal record and he can testify in his own defence, then the clinician should be prepared to argue a Corbett application [See. R v. Corbett [1988] 1 S.C.R. 670] at the end of Crown counsel's case and before a final decision is made to have the accused testify, particularly if the client has convictions for crimes that are similar to the crime alleged.
If the accused testifies, the judge must consider the instructions set out in R v.W(D) (1991), 3 CR (4th) 302 (SCC):
- If the judge believes the accused, he must acquit,
- If the judge does not believe the accused, but is still left with a reasonable doubt from the testimony, he must acquit, and
- Even if the judge does not believe the accused and is not left with a reasonable doubt from the testimony, the Crown must still prove its case beyond a reasonable doubt.
8. Presence of the accused
As a general rule, the accused must be present and remain in the courtroom throughout the trial. In very unusual circumstances, the case may proceed ex parte (i.e. in the accused's absence).
9. Witnesses
a) Privilege and compelling attendance of a witness
Both sides may contact any and all witnesses who will be called at trial, including police officers. However witnesses are not required to speak to Crown or defence counsel prior to the trial.
A witness may be compelled to attend at trial to give evidence and to bring documents by means of a subpoena processed through the court registry that is personally served on them (ss 699 and 700 of the Criminal Code). An arrest warrant may be issued for non-compliance (s 705). Unless the witness is served with a subpoena, he or she is under no legal obligation to attend court proceedings. Crown Counsel will often agree to subpoena witnesses who have provided a police statement and Crown Counsel does not intend to call in its case but defence counsel wants to have called. Other defence witnesses are typically known to the client (such as alibi witnesses) and attend voluntarily. Defence counsel should obtain subpoenas for witnesses if they are important, not under Crown subpoena and not likely to attend voluntarily.
Witnesses must answer all questions put to them unless it is considered privileged. Privileged information includes:
- i) discussions between a client and his or her lawyer in situations when the lawyer was acting in a professional capacity,
- ii) any information tending to reveal the identity of a confidential police informant, unless disclosure is the only way to establish the innocence of the accused, and
- iii) communication between spouses.
b) Preparing a witness
The Defence/accused should thoroughly prepare witnesses for trial. A witness must tell the truth as he or she knows it, but prior rehearsal of possible questions and answers is advised. All answers should address the specific questions asked. Witnesses should be appropriately dressed.
c) Testimony of witness
A witness is required either to swear an oath or to solemnly affirm that he or she will tell the truth. Section 16(3) of the Canada Evidence Act permits a witness who is able to communicate the evidence, but does not understand the nature of an oath or a solemn affirmation due to age (under 14 years) or insufficient mental capacity, to testify – as long as he or she promises to tell the truth.
The judge decides whether to admit or exclude evidence, as governed by the laws of evidence, case law, the Charter, the BC Evidence Act, the Canada Evidence Act, and the statute creating the offence. Evidence must be relevant to the facts in issue. The facts in issue are those that go to establishing the essential elements of the offence and any legal defence to that offence. Evidence may be presented with respect to other issues as well, such as the credibility of a witness, provided that the evidence does not offend the collateral evidence rule.
Where the accused has made a statement outside the trial, for example while being questioned by the police (or a store detective, transit police, and other person in authority), the Crown may seek to use this statement,
- as evidence of an admission or confession by the accused, or
- for the purposes of cross-examination during trial.
There are two different kinds of statements, admissions and confessions.
- An admission is a statement made to another civilian. It is generally admissible.
- A confession is a statement made to a police officer (or person in authority), and there are very strict rules regarding the admission of such statements at trial.
Anything the accused says to the police before or after the arrest is admissible as a confession only if the Crown first proves it was made voluntarily. See the Section IX: Charter below for more information on confessions.
e) Hearsay evidence
Hearsay is generally defined as an out of court statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Hearsay is inadmissible unless the statement falls into one of the hearsay exceptions. The key factor in determining if a statement is inadmissible hearsay is its purpose.. The defining features of the Hearsay rule are: (a) the purpose of adducing the statement is to prove the truth of its contents and (b) the absence of contemporaneous opportunity to cross-examine the declarant. For example, if the witness on the stand states "the passenger said the light was red," this is hearsay if: (a) the truth of the matter is to determine whether the light was red, and (b) the passenger who made this statement is not in-court and cannot be cross-examined.
There are some traditional exceptions to the hearsay rule, through which such statements can be admissible. These include:
- confessions,
- dying declarations,
- declarations against the interest of the declarant,
- records made in the course of duty if the declarant is deceased or otherwise unavailable (for example, doctor's notes),
- declarations of a state of mind or bodily condition as evidence of the state reported, but not of its cause (for example, using the declaration "I'm cold" to establish that the person making the statement was cold, but not using it for the assumption that the weather outside was cold that day),
- statements of intention (used to increase the probability that the person who made the statement actually performed that intended action), and
- spontaneous declarations (Res Gestae - statements made so closely to the event that they are connected to it).
Each exception has its own requirements that must be met. However, there are two basic tests underlying all of them: necessity, and the circumstantial probability of trustworthiness. In addition to the traditional common law exceptions, the Courts have developed the "principled approach" to determining the admissibility of hearsay. See R v Starr, [2000] 2 SCR 144. This approach, too, looks at necessity and reliability. These two requirements must be met before allowing hearsay evidence to be admitted:
- Necessity: whether the benefit of the evidence would be lost in its entirety if it is not entered (i.e. the declarant, the person who originally made the statement, is unavailable, or there is no other source by which the evidence can be admitted and have similar value). #Reliability: this test is essentially the judicial determination of what would have been gained by cross-examination. In some cases, the circumstances in which the statement was made suggest its trustworthiness and reduce the danger of admitting evidence without an opportunity for cross-examination.
For a thorough discussion of the rules of hearsay admissibility, see Watt's Manual of Criminal Evidence and R v Khelawon, [2006] 2 SCR 787.
f) Leading a witness
Counsel is generally not permitted to lead its own witness (i.e. suggest answers), with the exception of preliminary matters such as the witness's identity, residence, age, and other matters that are not at issue, and that merely help to set the stage. In any case, testimony that is adduced from leading questions tends to be afforded less weight, as the words have come from the mouth of someone other than the witness. Leading questions are proper and encouraged for cross-examination.
g) Opinion evidence
Opinion evidence is permitted where it assists the trier of fact to draw conclusions from the evidence. There are two types of opinion evidence: non-expert and expert. Non-expert opinion evidence is generally not permitted. Expert evidence is not permitted where the trier of fact is capable of reaching a conclusion without such evidence. Expert opinions are necessary where the trier of fact would be unable to draw a conclusion with respect to the evidence. Experts must first be established as such – the determination is made in a Voir Dire (a trial within a trial). For a more complete explanation of the law on opinion evidence, see R v Mohan [1994] 2 SCR 9.
Section s 657.3(3), of the Criminal Code imposes an obligation on the defence to disclose any opinion evidence it intends to call prior to trial. R v Stone, [1999] 2 SCR 290 sets out the guidelines which apply to both Crown and defence in disclosing expert opinion evidence.
10. Conclusion of the trial
a) Closing argument and submissions
Defence counsel and the Crown will make closing arguments that recap their view of the facts and the pertinent law. The judge or jury may then retire to consider a verdict. If the defence has called evidence, it must make submissions first. Often a case will be decided based on the credibility of the witnesses. If the client takes the stand then the case is likely to be a credibility issue, with rules as described in R vW(D), above.
b) Verdict
If the Crown is able to prove each element of any of the offences charged beyond a reasonable doubt, there will be a guilty verdict. An accused can only be convicted of an offence that is on the Information; however, the accused may also be convicted of:
- All, some, or one of the offences charged,
- A lesser included offence of an offence charged, and
- An attempt of an offence charged.
Crown can amend the Information to include new charges up until the close of Crown's case. Once the defence's case is called, no new charges can be added and applications to amend the Information will usually be denied.
c) Sentencing
The judge will sentence the accused after a conviction or guilty plea. However, the judge will ask for submissions on sentencing from both sides regarding the offence and the offender. Counsel should be prepared to address sentencing immediately following a trial. This is briefer than sentencing submissions for a guilty plea. Alternatively, the Crown or defence may adjourn the matter for sentencing on application. But such an application will be granted only if there are valid reasons for counsel to ask for more time to prepare or if a pre-sentence report is requested.
Judges have broad discretion in imposing most sentences – depending on the specific offence, whether it is provincial or federal, and whether it is summary or indictable. See Section VI: Resolving the Matter Prior to Trial, for more information on types of sentences a judge can order.
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