12 August 2024


International Cases

R. v. Simpson

MANU/SCCN/0036/2015

Canada

30.07.2015

Criminal

Supreme Court deliberates on 'colour of right'

The Supreme Court, elaborating on a "remarkably short" trial court analysis, held that the evidentional foundation establishing colour of right was suspect. It noted that even if the 'colour of right' defence could advance a subjective expectation, the Respondents had to show that the expectation was objectively reasonable. The Court remanded the matter for fresh trial.

Tags : canada criminal colour of right

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