本文发表在 rolia.net 枫下论坛The withdrawal of charges against Michael Bryant stems in large part from legal principles established in a three-decade old case involving an attempted robbery in Orillia, Ont.
Two men were fatally shot by Antonio Scopelliti, who owned a variety store and gas bar and claimed he was acting in self-defence. Mr. Scopelliti was acquitted at trial and the verdict was upheld in 1981 by the Ontario Court of Appeal. Previous acts of aggression by the two men were presented to support the self-defence claim, even though Mr. Scopelliti did not know about them when he fired his gun.
Read more: http://news.nationalpost.com/2010/05/25/decades-old-ruling-influenced-decision-to-drop-charges-in-bryant-case/#ixzz0p0jajORy
That case set out the rules on when a defendant can attack a victim’s character; yesterday, prosecutor Richard Peck referenced them as he outlined why he was withdrawing charges against Mr. Bryant.
The appeal court noted evidence of other aggressive behaviour by the deceased is not normally admissible. “Otherwise the deceased’s bad character may be put forward as a mere excuse for the killing,” it said.
But an exception can be made when the bad character evidence “reasonably assists” the jury in reaching a “just verdict,” such as when it is “so highly distinctive or unique as to carry a signature,” said the court.
It was this application of the numerous other confrontations that Mr. Sheppard allegedly had with motorists that led the prosecution to conclude it was a “signature” that would be front and centre at any trial of Mr. Bryant.
Read more: http://news.nationalpost.com/2010/05/25/decades-old-ruling-influenced-decision-to-drop-charges-in-bryant-case/#ixzz0p0je7NRP更多精彩文章及讨论,请光临枫下论坛 rolia.net
Two men were fatally shot by Antonio Scopelliti, who owned a variety store and gas bar and claimed he was acting in self-defence. Mr. Scopelliti was acquitted at trial and the verdict was upheld in 1981 by the Ontario Court of Appeal. Previous acts of aggression by the two men were presented to support the self-defence claim, even though Mr. Scopelliti did not know about them when he fired his gun.
Read more: http://news.nationalpost.com/2010/05/25/decades-old-ruling-influenced-decision-to-drop-charges-in-bryant-case/#ixzz0p0jajORy
That case set out the rules on when a defendant can attack a victim’s character; yesterday, prosecutor Richard Peck referenced them as he outlined why he was withdrawing charges against Mr. Bryant.
The appeal court noted evidence of other aggressive behaviour by the deceased is not normally admissible. “Otherwise the deceased’s bad character may be put forward as a mere excuse for the killing,” it said.
But an exception can be made when the bad character evidence “reasonably assists” the jury in reaching a “just verdict,” such as when it is “so highly distinctive or unique as to carry a signature,” said the court.
It was this application of the numerous other confrontations that Mr. Sheppard allegedly had with motorists that led the prosecution to conclude it was a “signature” that would be front and centre at any trial of Mr. Bryant.
Read more: http://news.nationalpost.com/2010/05/25/decades-old-ruling-influenced-decision-to-drop-charges-in-bryant-case/#ixzz0p0je7NRP更多精彩文章及讨论,请光临枫下论坛 rolia.net