If you’re facing criminal charges and you honestly believe you weren’t at the scene when the crime took place, you might consider the alibi defence. An alibi, in legal terms, is evidence showing that you were somewhere else when the crime occurred, making it impossible for you to be involved.
What Constitutes an Alibi?
The word “alibi” means “elsewhere” in Latin, and it reflects your argument that you were not at the crime scene at the time the crime occurred. For an alibi to be effective, it needs to provide a credible alternative timeline or location, one that contradicts the Crown’s narrative and suggests you couldn’t possibly have committed the alleged offence.
A successful alibi must do more than create suspicion, it should offer a compelling reason to doubt your presence at the scene of the crime entirely.
Presenting Alibi Evidence in Court
Alibi evidence must meet certain criteria to be accepted in court:
- Raising a Reasonable Doubt: You don’t need to prove beyond a reasonable doubt that your alibi is true. Instead, it’s sufficient if your alibi introduces enough doubt that the judge or jury cannot conclude with certainty that you were at the crime scene.
- The Air of Reality: Before it’s put before the judge or jury, an alibi must be grounded in reality—meaning it should be plausible enough to warrant consideration. This preliminary test helps eliminate alibis that appear frivolous or fabricated.
- No Requirement for Proof: While it can be helpful, an alibi does not have to be corroborated by witnesses or physical evidence. The strength of an alibi lies in its ability to cast reasonable doubt, even if you’re the only one providing evidence of your whereabouts.
The Importance of Timely Disclosure
Canadian criminal law requires that you disclose your alibi to the Crown in advance of your trial. This is to ensure the Crown has time to investigate the details and verify your claims. If an alibi is disclosed late or lacks sufficient detail, the court may interpret this as a strike against its credibility.
For example, in R. v. Bushiri, the accused mentioned an alibi defence on the first day of trial and provided specific details the next day. The court ultimately gave this alibi little weight because of the late notice, which limited the Crown’s ability to investigate.
A late alibi disclosure does not mean it will be automatically dismissed, but it can affect how much credibility the judge or jury gives it.
Weighing the Evidence
If the alibi evidence passes the initial plausibility test, it will be evaluated with all the other evidence presented at trial. The jury or judge will consider the alibi in the following way:
- If they believe the alibi, they must find you not guilty.
- If the alibi raises reasonable doubt, even if not entirely convincing, this doubt should also lead to a not guilty verdict.
- If the alibi fails to raise doubt, they will continue assessing your case with all available evidence to determine whether the Crown has proven guilt beyond a reasonable doubt.
The Risks of False Alibi Evidence
An alibi that’s proven false can be detrimental to your case. If it’s shown that the alibi was deliberately fabricated, the court may take this as evidence of “consciousness of guilt.” This means the judge or jury could interpret your actions as an attempt to deceive, which can severely damage your credibility. For the court to draw this conclusion, there must be clear evidence of intentional dishonesty—not simply disbelief in the alibi alone.
Don’t Face Your Criminal Charge Alone
An experienced criminal defence lawyer is vital when dealing with a criminal charge. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you have been accused of a criminal offence. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.