Quote:
Originally Posted by Aarongavey
sure, but in a world where the judge does not find any of the male witnesses credible it would be very difficult to have reasonable doubt.
|
Not necessarily. The onus is on the Crown to prove all elements of the offence beyond a reasonable doubt. The trial judge may have a reasonable doubt because she finds the complainant's evidence unreliable or not credible on one of the elements of the offence (for example, because of inconsistencies or implausibility in her evidence [whether exposed through cross-examination or otherwise]).