INTRODUCTION AND BRIEF DESCRIPTION
The court must consider all relevant evidence presented by the prosecutor or offender.
SECTION WORDING
723(2) The court shall hear any relevant evidence presented by the prosecutor or the offender.
EXPLANATION
Section 723(2) of the Criminal Code of Canada plays a crucial role during criminal proceedings. The section states that during the court hearing, the judge or the jury shall listen to all the relevant evidence presented by the prosecutor or the offender. Essentially, this means that both parties have the opportunity to provide their own side of the story, and present any evidence or proof to support it. This section also emphasizes the importance of gathering all the relevant evidence, as it provides a fair and just system of justice. It ensures that both sides have equal opportunity to provide their evidence and present their account of events, enabling the court to make an informed decision. Furthermore, the requirement for relevant evidence shows that the court is only interested in hearing evidence that has a direct bearing on the matter at hand. This is meant to prevent any unnecessary or irrelevant information from being presented, which could mislead or confuse the court. Overall, Section 723(2) of the Criminal Code of Canada emphasizes the importance of hearing all relevant evidence during the court hearing. It ensures a just and fair system of justice, where both the prosecutor and the offender are given equal opportunity to present their account of events. This is essential in the criminal justice system, as it ensures that decisions are made based on all the factual information presented, and not on any biases or prejudices.
COMMENTARY
Section 723(2) of the Criminal Code of Canada is a critical provision that highlights the importance of both the prosecutor's and offender's role in the criminal justice system. This section mandates that the court must consider any relevant evidence presented by either party during a trial. It is an essential legal provision that determines the outcome of a case based on evidence presented by either the prosecutor or the offender. The purpose of this provision is to ensure that all relevant information regarding the case is presented before the court before deciding on the verdict. It reflects the fairness principle of the Canadian justice system that promotes the idea that all parties have the right to present their case to the court and seek justice without bias or prejudice. The court must hear any evidence that is relevant to the case. Irrespective of who presents it in court, that is, whether the evidence is presented by the prosecutor or the offender, the court must consider it to make an informed decision. This provision creates a level playing field for both the prosecutor and the offender, allowing both parties to present their case confidently before the court. It ensures that the offender is not denied the opportunity to present evidence that could prove their innocence. Similarly, it also ensures that the prosecutor cannot withhold evidence that could exonerate the accused or change the court's decision. This provision promotes justice in the society by fostering transparency, fairness, and equity. This section of the Criminal Code of Canada is equally essential in ensuring that all evidence presented is relevant to the case at hand. The court must only consider evidence that is relevant to the charge, and any irrelevant evidence must be excluded from the decision-making process. This means that the prosecutor or the offender must present evidence that clearly addresses and connects to the chargeable offense in question. It ensures that the evidence presented for one case does not influence the decision of the court regarding another case. This provision promotes the integrity of the Canadian justice system by ensuring that evidence presented is admissible and relevant to the case being tried. In conclusion, section 723(2) of the Criminal Code of Canada is a necessary provision that promotes fairness, equity, and transparency in the country's judiciary. It allows both the prosecutor and the offender to present relevant evidence before the court, ensuring that the court reaches an informed decision. It promotes justice in society by ensuring that the evidence presented is only admissible when it is relevant to the charge at hand. This provision acts as a safeguard against wrongful convictions, protects the rights of the accused, and fosters public confidence in the Canadian justice system. Overall, this provision reinforces the fundamental principles of justice and assures the public that the Canadian justice system is fair and impartial.
STRATEGY
Section 723(2) of the Criminal Code of Canada is a critical provision for prosecutors and offenders. It provides a level playing field for both parties, and allows for all relevant evidence to be heard in court. However, this provision also presents some strategic considerations that both parties need to consider when presenting their evidence. In this essay, I will discuss some of these strategic considerations and provide some potential strategies that could be employed. One of the key strategic considerations in dealing with section 723(2) is the need to provide evidence that is both relevant and admissible. Relevant evidence is defined as evidence that tends to prove or disprove a fact that is in issue in the case. Admissible evidence is evidence that will be accepted by the court as valid and reliable. This means that both parties need to carefully consider the evidence they present and ensure that it is both relevant and admissible. One strategy that prosecutors can employ when presenting evidence under section 723(2) is to focus on high-quality evidence that is likely to be admissible. This may include physical evidence, such as fingerprints or DNA, or expert evidence, such as testimony from a forensic expert. Another strategy could be to carefully prepare witnesses to ensure that their evidence is reliable and credible. This could involve conducting pre-trial interviews, providing witness statements, and helping witnesses to prepare for cross-examination. Similarly, offenders may also employ a range of strategies when presenting evidence under section 723(2). One potential strategy could be to challenge the admissibility of the prosecutor's evidence. This may involve raising objections to the evidence on the basis that it is hearsay, unreliable, or illegally obtained. Another strategy could be to present evidence that contradicts the prosecutor's case, such as alibi evidence or evidence that casts doubt on the reliability of eyewitness testimony. Another important strategic consideration in dealing with section 723(2) is the need to manage the timing and presentation of evidence. This means that both parties need to carefully consider the order in which evidence is presented and how it is structured. For example, the prosecution may choose to present evidence in chronological order, or according to the strength of the evidence. Offenders, on the other hand, may choose to present evidence that supports their defence in advance of the prosecution's case, in order to influence the way the evidence is perceived by the court. Another important strategic consideration is the need to assess the potential impact of the evidence on the jury or judge. This means that both parties need to consider how the evidence is likely to be received and interpreted by the decision-maker. For example, the prosecution may choose to present evidence that is emotionally powerful, in order to sway the jury's opinion. Offenders, on the other hand, may choose to present evidence that is sympathetic or that casts doubts on the motives of the prosecution. In conclusion, section 723(2) of the Criminal Code of Canada provides an important opportunity for both prosecutors and offenders to present evidence in court. However, this provision also presents a number of strategic considerations that both parties need to carefully consider. Strategies such as focusing on high-quality evidence, challenging the admissibility of evidence, managing the timing and presentation of evidence, and assessing the potential impact of evidence, are all key to successfully navigating this provision of the Criminal Code.