Lethbridge College Mock Court Exemplar Case

Assignment 5.2: Facts-in-Issue and Facts Relevant to Facts in Issue
Introduction
When examining the facts in issue within an offence, individuals are looking at substantive law. Essentially, the facts in issue are similar to the elements of the offence; however, facts relevant to the facts in issue can help increase the credibility of the facts in issue. In the Lethbridge College Mock Court Exemplar video (2004), understanding the facts in issue, as well as, facts relevant to facts in issue can help the Crown when creating their package to prove beyond a reasonable doubt the accused committed the offence.
Facts in Issue The facts in issue pertaining to this offence, Section 445(1)(b) of the Criminal Code, is “placing poison in such a position… easily consumed
They “do not prove the offence but render it more probable that the offence was committed by the accused” (Bartley, 2016). During the witness testimony provided by Kyle Freik, he states “those dogs got into my garbage again, I’m gonna kill them” (Bartley, 2016). This helps establish motive, which can explain why the accused wanted to commit the crime; however, does not mean he actually did it. Therefore, the Crown needed to provide additional indirect evidence in order support a guilty verdict. In the Lethbridge College Mock Court Exemplar video (2004) the Crown lacked in providing additional evidence, which can aid in building the theory that the accused committed this offence. The witnesses provided oral evidence, which can attest to the accused committing this offence; however, without any physical evidence, the Crown could not prove the facts beyond a reasonable doubt. The Crown could not demonstrate the fact that the substance was indeed poison, by either providing a certificate of analysis, or a container with a label of radiator fluid.