Acquittal
An acquittal is a verdict of not guilty. It is the formal legal finding that the Crown has failed to prove one or more essential elements of the offence beyond a reasonable doubt. An acquittal is the complete and final defeat of the prosecution on the merits — not a technicality, not a compromise, and not a finding that the accused is innocent. Canadian law does not require any positive proof of innocence; the Crown's failure to meet its burden is enough.
The lawyers at Mass Tsang LLP have secured acquittals on charges ranging from impaired driving to sexual assault. Trial preparation begins with one question: where does reasonable doubt come from? For more, see our blog post on how to beat a criminal charge.
How acquittals happen
Acquittals arise in several ways. After the Crown closes its case, the defence can move for a directed verdict if no reasonable jury could convict on the evidence; success ends the case in an acquittal. If the case proceeds to a full verdict, the judge or jury returns not guilty when reasonable doubt remains on any essential element. Acquittals also follow successful Charter applications that strip the Crown of essential evidence.
Effects of an acquittal
An acquittal terminates the prosecution. The accused is released from any conditions of bail. The matter does not create a conviction record, though the fact of the charge may remain in police databases unless removed through destruction-of-records requests. Section 11(h) of the Charter protects against being tried again for the same offence — though the Crown retains a right of appeal on questions of law, and a new trial can be ordered if the appellate court finds reversible error.
Acquittal vs. other favourable outcomes
An acquittal is distinct from a withdrawal of charges (the Crown drops the case), a stay of proceedings (the prosecution is suspended), or a discharge after a finding of guilt. Among the ways a case can end without a conviction, an acquittal is the strongest.
Related glossary terms
