#!markdown
The uncertainties appear to be intent and likely consequences rather than
actions; thus, I don't find defence counsel's comments about the quality of
the videos, which presumably show only actions, to be particularly puzzling. I
assume that Crown has adopted the approach you have helpfully described mainly
because it would be easier to prove, to the criminal standard of beyond a
reasonable doubt, all the required elements (especially the intentions and
likely consequences elements) of the new alleged offence than would be so
regarding the original three alleged offences. It may also better represent
what actually happened. The apparent decision by Crown to proceed by summary
conviction on the new alleged offence (which was an option for Crown on the
second of the original three alleged offences) might even enable a fair/just
disposition by plea arrangement. I trust this matter will proceed and resolve
in an appropriate way.
As a frequent, both, mountain biker and mountain hiker, I believe there has
been much progress on a sustainable, reasonable, wonderful network of trails
that we are fortunate to have. I would not want this event (nor other recent
or prior events we have heard of) to detract in any way from that; rather, let
these past events be a learning experience and a reminder for all trail users
about the right, and the fortune, we all have to respectfully and responsibly
share and enjoy this wonderful resource now and into the future.
Feb. 20, 2015, 1:20 a.m. - MBKS
#!markdown The uncertainties appear to be intent and likely consequences rather than actions; thus, I don't find defence counsel's comments about the quality of the videos, which presumably show only actions, to be particularly puzzling. I assume that Crown has adopted the approach you have helpfully described mainly because it would be easier to prove, to the criminal standard of beyond a reasonable doubt, all the required elements (especially the intentions and likely consequences elements) of the new alleged offence than would be so regarding the original three alleged offences. It may also better represent what actually happened. The apparent decision by Crown to proceed by summary conviction on the new alleged offence (which was an option for Crown on the second of the original three alleged offences) might even enable a fair/just disposition by plea arrangement. I trust this matter will proceed and resolve in an appropriate way. As a frequent, both, mountain biker and mountain hiker, I believe there has been much progress on a sustainable, reasonable, wonderful network of trails that we are fortunate to have. I would not want this event (nor other recent or prior events we have heard of) to detract in any way from that; rather, let these past events be a learning experience and a reminder for all trail users about the right, and the fortune, we all have to respectfully and responsibly share and enjoy this wonderful resource now and into the future.