-76-

+

if you

the verdict, if you say he is guilty, only then, until

then he sits there innocent. The Crown has a duty, to

prove that as they brought him here and put him there,

they must prove to you that he is guilty, they have to

prove that beyond a reasonable doubt. They must prove

it so that you feel sure. Members of the Jury,

don't feel sure, if at the end of it all, you entertain

doubt so that you don't feel sure, the Crown would have

failed to discharge its duty before you and you will be

perfectly in order to return a verdict of not guilty.

So that the Crown must prove to your satisfaction so

that you feel sure. If you don't feel sure, you have

sufficient doubt in the matter that you don't feel sure,

the accused must be found not guilty.

You see, the accused as he sits there as I said is

He does not have to prove that he is innocent.

innocent.

As he sits there, the presumption is that he is innocent,

he does not have to prove that he is innocent.

As you

5

10

15

may have heard me telling him when the case for the

Crown was closed, that he could sit there and say nothing 20

in his defence if he wanted to. And that if he sat there

and said nothing, that would not mean that he is guilty.

The Crown would still have to prove it to your satisfac-

tion so that you feel sure. So that if when you review

the facts and the circumstances, and the inferences, you

are left in doubt so that you don't feel sure, the Crown

would have failed in its duty and the accused must be

found not guilty.

I want to explain the law to you, and Members of

the Jury, you will have to apply the facts as you have

found them. You have to apply those facts to the law

25

30

Share This Page