Supreme Court releases reasons why a prosecutor doesn’t have to prove the timing of a criminal offence beyond a reasonable doubt

In its written reasons, the Court said an indictment will allege an offence was committed “on or about” a particular date or range of dates. The Crown is generally not required to establish the exact timing of the offence with two exceptions—where the date or time is an essential element of the offence, or where it’s crucial to the defence.

“It would be unfair for the Crown to undermine the alibi by shifting to a different time frame and claiming that the offence was committed at a different time,” the Court wrote.

“Whether the Crown has shifted the alleged time frame in a manner that undermines trial fairness must be assessed holistically and contextually, rather than by focusing narrowly on when a witness said they think the offence may have taken place. This is especially important in sexual assault cases, where it is not uncommon for complainants to be uncertain or honestly mistaken about the specific date or time the alleged offence took place.”

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