If you’ve been charged with a criminal offence, understanding the different types of defences available to you can be crucial to your case. One of the most common defences is the “alibi,” which is a claim that you were somewhere else when the alleged crime took place, making it impossible for you to have committed it.
What is an Alibi?
The term “alibi” comes from the Latin word for “elsewhere.” Essentially, the alibi defence involves providing evidence that you were not present at the scene when the crime was committed. If you can show that you were somewhere else, it raises reasonable doubt about your guilt, which can lead to an acquittal.
How Does Alibi Evidence Work?
For alibi evidence to be considered valid, it must clearly support the claim that you were elsewhere at the time of the crime. Unlike some other defences, an alibi is not about partially absolving yourself; it’s an “all or nothing” defence—it either proves you couldn’t have been involved in the crime, or it fails to raise doubt.
The alibi defence goes through a few important steps:
- The “Air of Reality” Test: Before your alibi can be presented in court, it must pass the “air of reality” test, meaning it has to be reasonable enough for a judge or jury to consider. If the alibi seems fabricated or implausible on its face, it won’t make it past this initial stage.
- Disclosure Requirements: You’re required to disclose your alibi to the prosecution in advance of your trial. This allows the Crown to investigate the alibi’s validity and gather any evidence to challenge it if necessary. Disclosure needs to be made promptly; late or inadequate disclosure can lead to negative inferences about the credibility of your alibi.
- No Need for Proof Beyond a Reasonable Doubt: You don’t need to prove your alibi. Rather, you need only to raise a reasonable doubt about whether you were involved in the crime. Even if the alibi is not entirely convincing, as long as it introduces “reasonable doubt”, it could lead to a not guilty verdict.
- Corroboration Is Not Required: Your alibi doesn’t have to be supported by witnesses or other evidence, though corroboration can help strengthen your defence. Testimonies, receipts, or surveillance footage can all be useful but are not mandatory.
How Courts View Alibi Evidence
Once the alibi evidence meets the initial plausibility threshold, it will be assessed alongside all other evidence presented at trial. The judge or jury will consider the alibi as follows:
- If they believe the alibi, they are required to find you not guilty.
- If the alibi introduces reasonable doubt, even if it’s not entirely convincing, this doubt should also result in a not guilty verdict.
- If the alibi does not create reasonable doubt, the judge or jury will continue to evaluate your case and the other available evidence to decide if the Crown has proven your guilt beyond a reasonable doubt.
When Alibi Disclosure is Late
If you reveal an alibi late in the process, the judge or jury may consider this when evaluating your credibility. In R. v. Bushiri, for instance, the accused disclosed their alibi on the first day of trial and provided specific details the following day. The court ultimately gave the alibi little weight due to the late notice, which limited the Crown’s ability to investigate it thoroughly.
While a late disclosure doesn’t make the alibi inadmissible, it may impact the weight the court gives it. The Crown may also request additional time to investigate a last-minute alibi, and the judge will decide whether this is permissible based on the specifics of your case.
False Alibi and Consciousness of Guilt
Sometimes, an alibi that’s disproven can hurt your case more than it helps. In such cases, the judge or jury might view this as “consciousness of guilt,” suggesting you fabricated the alibi to cover up your involvement in the crime. For the court to make this leap, there has to be proof beyond mere rejection of the alibi, there must be evidence suggesting intentional deception.
Have You Been Charged with a Criminal Offence?
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