Crown Attorney
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That's me.
That's me.
Hello.
Hello.
Good morning, everybody.
Good morning, everybody.
Ms. Robinson, as best you can, could you please answer that question?
Ms. Robinson, as best you can, could you please answer that question?
However, you've got to take your mind back to the time, 1976. Judges are, we weren't even thinking about that.
However, you've got to take your mind back to the time, 1976. Judges are, we weren't even thinking about that.
It seems to me that back in that era, unlike today, the Crown had to, in order to get a conviction, the Crown had to prove there was no consent. Now, it's sort of gone the other way. The defendant has to prove or show that there was consent. So kind of the onus has been reversed, has it not? And her recollection of the event is that she doesn't recall whether she consented or not.
It seems to me that back in that era, unlike today, the Crown had to, in order to get a conviction, the Crown had to prove there was no consent. Now, it's sort of gone the other way. The defendant has to prove or show that there was consent. So kind of the onus has been reversed, has it not? And her recollection of the event is that she doesn't recall whether she consented or not.
That, yes.
That, yes.
Hey, I'm not disagreeing with you. It's in today's respect to the way the law is today and the legislative changes that they made. But we've got to go back to 1976.
Hey, I'm not disagreeing with you. It's in today's respect to the way the law is today and the legislative changes that they made. But we've got to go back to 1976.
Okay. Thank you.
Okay. Thank you.
Thank you, Your Honor.
Thank you, Your Honor.
There is no evidence upon which a reasonable jury, properly instructed, could find Mr. Walker guilty of the offense of rape as it existed in 1977.
There is no evidence upon which a reasonable jury, properly instructed, could find Mr. Walker guilty of the offense of rape as it existed in 1977.