Opening statements

Topics: Criminal law, Legal burden of proof, Actus reus Pages: 2 (443 words) Published: December 10, 2013
Good morning, your honour and members of the jury, My name is Elk, first initial A along with my co-counsellors Male, first initial A and Vernon, first initial A and we are representing the defense in this case. My client, Ali singh is innocent of the charges of Assault contrary to section 265(1), theft contrary to section 322(1), and uttering threats contrary to section 264.1(1) of the criminal code. We, the defense respectfully submit to your honour that my client is not guilty because we will prove that our client did not infact possess the actus reus and mens rea to commit the crime. Our client is not guilty because he never physically made contact with the victim, was never heard making threats, and was never found with the $25 or ipod that were stolen. We respectfully submit to the court the facts of this case:

• Ali had left work and was headed home when he bumped into his friend jayme accompined by somene named Ty • They agreed to go to Jaymes house and went to the lawrence west subway station • Ali recognized Morgan king, a friend of his co worker Jakr at the platform • Jake owed Ali 60$ and Ali wanted to ask if he knew where jake was • Morgan didn’t hear ali because he was wearing headphones • Ty started shouting and approached Morgan

• Ty got close to Morgan and was in his face, ali stayed behind ty and quietly told him to stop • Morgan felt a gun pressed to his chest and someone go through his pockets • Ali stayed at the station and Ty and Jayme ran

• Ali was arrested
The evidence will show that Ali was heard whispering to Ty, not to encourage him but to try to stop him. The evidence will also show that the $25 found on Ali was not morgans, and that it was his tips collected from his job at the sunset diner. The facts also show that ali never made physical contact with Morgan and could not have assaulted him. Today you will be presented with evidence and will her hear testimony from my client Ali Singh who we anticipate will testify to you today...
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