a) provide the full name and proper legal citation for the case " R. v. Gauthier, 2023 ONCJ 5 "  2023 ONCJ 5 (CanLII) | R. v. Gauthier | CanLII

b) What is the type of procedure dealt with in the case? (trial, bail hearing, sentencing hearing, motion, etc.)

c) Briefly summarize the facts of the case and what is in dispute.4. What was the offence that the accused was charged with? d) Name the offence and provide the Criminal Code section(s) number(s). (For example, Possession of a weapon for a dangerous purpose, section 88) List the elements of the crime charged and clearly identify the actus reus and the mens rea. Be sure to indicate whether the mens rea is subjective or objective (and explain how you determined that) NOTE: for this question do NOT write what the person was accused of doing. Answer this question as if you had never read/saw this case and know NO details of this particular person's case. You are analyzing the section of the Code for this question - NOT the actions of the accused. Note: If the accused in your case was charged with multiple offences, list them all but you only have to analyse (indicate actus reus/mens rea for) one charge

e)Summarize the Crown's position. For a trial, provide very specific details regarding the Crown's theory of the case (what is the story from the Crown's point of view). For bail hearings, summarize the grounds for the Crown's argument that the court should detain the accused/place certain conditions on the accused. For sentencing, summarize the Crown's position for why the accused should receive a certain sentence.

f) Summarize the Defence's position. For a trial, provide very specific details regarding the defence's theory of the case (what is the story from the defence point of view - why do they take the position that their client is not guilty). For bail hearings, summarize the grounds for the Defence's argument that the court should release the accused. For sentencing, summarize the Defence's position for why the accused should receive a certain sentence.

g) Summarize any Witness' testimony. A witness is anyone who took the stand and testified(including the accused, a surety in a bail case, etc). If there were no witnesses in your case(unlikely for a trial, not unlikely for a sentencing or bail hearing) simply say that.

 h) What did the judge conclude and order? That is, how was the matter disposed of? If the accused was found guilty, briefly explain why. If your matter is a Bail Hearing what was ordered regarding the accused's release? What conditions of release were imposed? If your matter is a sentencing hearing - what was the sentence (and briefly - why

 Do not use essay format - number and answer the questions. Write in full sentences throughout.

Answer rating: 100% (QA)

a The full name and proper legal citation for the case R v Gauthier 2023 ONCJ 5 is R v Gauthier 2023 ONCJ 5 CanLII b The type of procedure dealt with ... View the full answer