Quote:
Originally Posted by Makarov
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]).
|
It would be a strange he said she said case where a judge found both parties not credible. Suppose it is possible though.