I’ve been charged with Breach of Probation. What do I need to know?
Question & AnswerI’ve been charged with Breach of Probation. What do I need to know?
2. Understand what the Crown has to prove
In every criminal case, the Crown must prove at least four things:
- Identity: you're the person who committed the crime.
- Jurisdiction: this is the correct court to deal with your case. For example, if you're charged with something you did when you were under 18, you should be in a youth court.
- Date: the crime took place when the police say it did.
- Elements of the crime.
These are the elements of the crime Breach of Probation:
- You were on at the time the police say you broke the rules. This usually means the Crown shows the judge a certified copy of your probation order.
- What you did was actually against the rules.
- You knew it was against the rules, or you were being careless about the rules.
Proof beyond a reasonable doubt
The judge can only find you guilty if they are certain about everything the Crown must prove. That means the Crown must prove identity, jurisdiction, date, and every element of the crime.
If the judge is not completely sure about even one of these things, the judge cannot find you guilty. This is known as “proof ”.
It is not enough for the judge to think that you're probably guilty, or that you're likely guilty. They must be certain about everything the Crown must prove.