Michael Bury RSS

The complexities of capacity and consent, particularly in cases involving intoxication and memory loss, necessitate careful communication and evaluation of evidence to determine the validity of consent in legal contexts  Questions to inspire discussion   Legal Obligations and Defenses 🧑‍⚖️Q: What is a trial judge's responsibility regarding defenses? A: A trial judge must present all defenses with an "air of reality" to the jury, even if not raised by the defense, to provide necessary tools for reaching a decision based on trial evidence. 🤔Q: How does the defense of "honest but mistaken belief in consent" work? A: It's a denial...

The timing of sexual assault allegations is crucial for assessing their credibility and the motivations behind them, as delays can complicate legal proceedings and affect both victims and the accused  Questions to inspire discussion  Timing and Credibility in Sexual Assault Cases 🕒Q: Why is the timing of a report crucial in historical child sexual assault cases? A: The timing is relevant to assess the complainant's credibility and reliability, especially when there's a significant time lapse between the alleged events and the report, as it can impact the court's evaluation of the allegations. 🔍Q: How does the absence of detailed evidence...

The handling of evidence, particularly in sexual assault cases, is critical for ensuring justice, as selective messaging and the deletion of communications can distort context and impact the understanding of consent   Questions to inspire discussion  Legal Strategy in Sexual Assault Cases 🔍Q: How can defense lawyers challenge selective evidence in sexual assault cases? A: Defense lawyers can use forensic extraction to recover missing messages and provide a more accurate narrative, countering the prosecution's use of selective messages from the complainant's phone. 📱Q: Why are text messages crucial in establishing consent? A: Text messages provide relevant evidence of the complainant's...

Cross-examination in court can be a powerful tool, but it is important to avoid improper lines of questioning and to use it strategically to build the narrative of the defense  Questions to inspire discussion  What is the goal of cross-examination? —The goal of cross-examination is to create frustration in the person being questioned, leading them to change their answer in an attempt to please the questioner, but it's important to stick to your original answer and not be swayed by the Crown's interpretation. What should be avoided during cross-examination? —Cross-examination should not be used to harass or embarrass the witness,...

Clear communication and strategic focus on relevant evidence are crucial in defending sexual assault cases and preventing wrongful convictions  Questions to inspire discussion  What is the importance of clear communication in sexual assault cases? —Clear communication between the Crown and defense is crucial to avoid unnecessary applications and ensure all parties are on the same page regarding evidence, preventing trial derailment. How can the defense prevent wrongful convictions in sexual assault cases? —By strategically focusing on relevant evidence, challenging the relevance of certain questions in court, and presenting helpful evidence, the defense can prevent wrongful convictions. What challenges do crowns...