Laura Babcock Murder Trial 12.08.17 - Charge to the Jury - Day 2

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Sillybilly

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This is the Babcock murder trial discussion thread.

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:tyou:
 
:rose: Remembering Laura Babcock and waiting for Justice :rose:

1297999253571_ORIGINAL.jpg

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You are not forgotten ... Rest peacefully, Laura
:rose: :rose:
 
Crown's case in Laura Babcock murder trial is mostly circumstantial, judge says in charge to jury
By Adam Carter, CBC News Posted: Dec 07, 2017

dellen-millard-begins-defence-babcock.jpg


The Crown's case against the two men accused of killing Toronto woman Laura Babcock is almost all circumstantial, the judge said today during his final charge to the jury.

Justice Michael Code began his address, which is expected to last three days, by telling the jury the case is based on two crucial questions — whether or not Babcock is actually dead, and whether or not Millard and Smich killed her.

"The case depends on circumstantial evidence on two of the main issues," Code said.
 
Judge continues charge as Laura Babcock trial nears conclusion
By Adam Carter, CBC News Posted: Dec 08, 2017

Justice Michael Code will continue a marathon charge to the jury Friday as the Laura Babcock murder trial inches toward its end.

Code began his address, which is expected to last two more days, by telling the jury the case is based on two crucial questions — whether Babcock is actually dead, and whether co-accused Dellen Millard and Mark Smich killed her.

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Hi all -- I'm back at the courthouse today for the Laura Babcock trial. We're in legal arguments right now, no jury in yet.
by Adam Carter 9:46 AM
 
Thanks to all that can help with the tweets :)
 
Code said yesterday he finished up on page 90 of over 300 in his charge. Still lots of ground left to cover today.
by Adam Carter 10:00 AM
 
Still waiting on the jury right now. Legal arguments still going on at the moment.
by Adam Carter 10:06 AM
 
We're now getting underway, the jury is being led in.
by Adam Carter 10:19 AM
 
Code apologizes to the jury for being late, says he and the lawyers have been working on redrafts of the charge since 9 a.m.
by Adam Carter 10:20 AM
 
The judge says today we'll be dealing with "criminal law 101."
by Adam Carter 10:20 AM

He says he's going to be giving "fairly dense" legal instructions about first-degree murder, second-degree murder, and manslaughter.
by Adam Carter 10:21 AM
 
Procedure varies by the judge but most judges provide their charges to the Crown and defence before giving it and ask if anyone has any problems with it. Then, as it is being given and when the jury is away they ask if anyone has a problem with anything that was said.

The idea is that counsel can't lay in the weeds and then appeal the verdict based on an error in the charge when they could have brought it up during the trial when it could then have been easily remedied.

I wonder if it has something to do with the 'open relationship' comments that he made?
 
We're starting with "the review of the indictment."
by Adam Carter 10:22 AM

"The indictment itself is not evidence for you to consider. It simply sets out the charge or the offence that is alleged by the Crown," Code says.
by Adam Carter 10:22 AM

"I recommend that you begin your deliberations by trying to decide the facts, that is, decide issues of credibility and reliability and weight and make findings about what happened during the relevant time period," the judge says. "Once you have made findings of fact, one way or the other, the law relating to the elements of the offence charged will be much easier to apply."
by Adam Carter 10:24 AM
 
Procedure varies by the judge but most judges provide their charges to the Crown and defence before giving it and ask if anyone has any problems with it. Then, as it is being given and when the jury is away they ask if anyone has a problem with anything that was said.

The idea is that counsel can't lay in the weeds and then appeal the verdict based on an error in the charge when they could have brought it up during the trial when it could then have been easily remedied.

I wonder if it has something to do with the 'open relationship' comments that he made?

Lisa Hepfner tweeted this;

"Jury is here at #LauraBabcock murder trial. Judge tells them everyone has been here since 9 am going through the next section of the charge with the other parties. Yesterday was evidence law, today is criminal law. More "dense legal instructions."
 
Code says that Smich are charged with first degree murder. He's reading out the charge.
by Adam Carter 10:25 AM

He says the "essential elements" here have to be proved here beyond a reasonable doubt.
by Adam Carter 10:25 AM

Code says first-degree murder is complex, because it contains within it, two other offences.
by Adam Carter 10:26 AM

Included inside is second degree murder and manslaughter. Code causes them "cascading offences." "They're all contained within that one count."
by Adam Carter 10:27 AM
 
"Mr. Millard and Mr. Sich are in fact charged with first-degree murder, second-degree murder, and manslaughter as tey are all contained within this one count," Code says. "The two "lesser included offences" are simply building blocks, or starting points, that are essential to the "greater offence" of first-degree murder. In other words, first-degree murder requires proof of a further element or elements beyond or in addition to the elements requited for manslaughter and second-degree murder."
by Adam Carter 10:29 AM

Essentially here, Code says, the defence contends Babcock isn't dead. So to get to manslaughter, as a "first building block" the jury would have to decide they believe she is dead.
by Adam Carter 10:31 AM
 
To get to manslaughter, the jury would have to agree that the accused caused the death of Babcock by means of an unlawful act. That's the elements of manslaughter. To prove second-degree murder, the jury would have to believe that there was an intent "to cause bodily harm that Mr. Millard and Mr. Smich knew was likely to cause death and with recklessness as to whether death ensued or not."

To get to first-degree murder, the jury would have to agree with the Crown's assessment that the murder was "planned and deliberate."
by Adam Carter 10:33 AM

Think of it like building blocks. If the jury believes it was manslaughter, they can then move up to second-degree murder. If they believe the offence meets that criteria, then they can move up to examining if it was first-degree murder.
by Adam Carter 10:35 AM
 
"As I have already instructed you, the defence position is that the Crown has not proved the first three elements, which constitute the offence of manslaughter, because the death of Ms. Babcock has not been proved and (in the alternative, if her death has been proved) because the two accused's involvement in causing that death has not been proved."
by Adam Carter 10:36 AM

So the questions here for manslaughter are: has the Crown proved that Babcock is dead, has the Crown proved that the acts that cause the death were from an "unlawful," and "did she die at the hands of one of the accused," Code says.
by Adam Carter 10:37 AM
 
"Ask yourself whether the Crown has proved beyond a reasonable doubt that Ms. Babcock is dead," Code says. That requires the jury to make a "pure finding of fact," he says.
by Adam Carter 10:41 AM

Here, Code says, the jury will have to consider the evidence concerning her disappearance, and the fact that none of her friends or family have heard from her in over five years. Also, that her banking activity, health care, social media, and phone activity have all stopped.
by Adam Carter 10:42 AM
 
Sorry in advance. I am unable to copy and paste all the tweets from Lisa Hepfner due to the RA in my hands acting up. If there are questions about a particular tweet(s) by Adam Carter, I will try and find Lisa's tweet(s) and post it/them to help clarify. :)
 
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