A criminal trial is designed to end in a decision, and that decision is called a verdict. In Ontario, as elsewhere in Canada, a verdict generally falls into one of a small number of categories, and it is important not to confuse a verdict with sentencing, which is a separate step that only happens afterward. This guide explains the possible outcomes at the end of a criminal trial and how a verdict fits into the larger process. It is general information only, not legal advice about a specific case.
What a Verdict Is
A verdict is the formal decision, by a judge alone or by a jury, on whether the Crown has proven the charge against the accused. It answers a specific legal question: has the Crown proven guilt to the required standard of proof beyond a reasonable doubt? A verdict is not a broader judgment about a person's character or life; it is a legal conclusion tied specifically to the charge or charges before the court.
Guilty
A guilty verdict means the trier of fact, whether judge or jury, is satisfied beyond a reasonable doubt that the Crown has proven every essential element of the offence. A guilty verdict can also result from a guilty plea entered before trial, in which case there is no trial at all, and the matter moves toward sentencing based on the plea itself rather than a trial verdict.
Not Guilty (Acquittal)
A not guilty verdict, also called an acquittal, means the Crown did not prove guilt beyond a reasonable doubt on at least one essential element of the offence. As discussed in our burden of proof guide, an acquittal is not the same as a finding that the accused is factually innocent in some absolute sense; it reflects that the legal standard the Crown must meet was not met on the evidence presented at trial. An acquittal generally ends the matter, subject to any appeal the Crown may be entitled to bring.
Not Criminally Responsible on Account of Mental Disorder
A third, less common outcome is a verdict of not criminally responsible on account of mental disorder, often abbreviated NCRMD, governed by Part XX.1 of the Criminal Code. This verdict reflects a finding that the accused committed the act in question but, because of a mental disorder at the relevant time, was not criminally responsible for it. An NCRMD verdict is legally distinct from an acquittal; rather than being released outright, the person is generally referred to a provincial Review Board, which can order an absolute discharge, a conditional discharge, or detention in a hospital, depending on the circumstances and any ongoing risk.
An NCRMD verdict raises specialized legal and medical questions that go well beyond the general overview here. Anyone considering this issue in a specific case needs advice from a lawyer experienced in this area.
Unanimous Verdicts in Jury Trials
Where a case proceeds by jury trial, the verdict must be unanimous. All twelve jurors must agree before a verdict of guilty or not guilty can be returned. If the jury cannot reach unanimous agreement after genuine deliberation, the judge may discharge the jury, resulting in what is commonly called a hung jury, which is not itself a verdict and may lead to a new trial before a different jury.
Verdicts in Judge Alone Trials
In a judge alone trial, the judge delivers the verdict personally, generally along with reasons explaining how the evidence was assessed and the law applied. This differs from a jury verdict, which is announced without reasons, reflecting the strict jury secrecy rules discussed in our jury trials guide.
Verdict vs. Sentencing
It is important not to confuse a verdict with sentencing. A verdict answers only the question of guilt. If the verdict is guilty, or if a guilty plea has been entered, the court then moves to a separate, later step called sentencing, where the judge decides what penalty is appropriate. A sentencing hearing generally happens on a different date than the verdict itself, particularly in more serious or complex cases, and can involve its own evidence and submissions distinct from what was presented at trial. See our guide to sentencing hearings for more on this separate stage.
What Happens After a Verdict
After an acquittal, the matter is generally concluded, subject to a possible Crown appeal in limited circumstances. After a guilty verdict, the case proceeds toward sentencing, and either side may also consider an appeal, discussed further in our guide to appeals. After an NCRMD verdict, the matter moves to the Review Board process rather than directly to sentencing, since the purpose of that process is different from punishing a criminal conviction.
Where a guilty verdict is entered, the court will often set a date for sentencing submissions rather than proceeding immediately, particularly if a pre-sentence report, victim impact statements, or further evidence relevant to sentencing needs to be prepared. In more straightforward matters, sentencing can sometimes happen the same day, if both the Crown and defence are ready to make their submissions and the judge is satisfied that no further information is needed. Either way, the verdict itself is complete and final once delivered; it is the sentence that remains to be determined.
It is also worth noting that a single trial can sometimes involve more than one charge, and a judge or jury can reach different verdicts on different counts, convicting on some and acquitting on others based on how the evidence relates to each specific charge. Each count is generally assessed on its own elements and its own evidence, even where the underlying events overlap.
Frequently Asked Questions
Is "not guilty" the same as being found innocent?
Not exactly. A not guilty verdict means the Crown did not prove guilt beyond a reasonable doubt; it is a legal conclusion, not necessarily a finding about what actually happened.
Does sentencing happen on the same day as the verdict?
Sometimes, in simpler cases, but often not. More serious or complex cases generally have a separate sentencing hearing on a later date.
Can the Crown appeal a not guilty verdict?
In limited circumstances, yes, generally on questions of law. See our appeals guide for more general information.
What does NCRMD mean for someone's future?
It leads to oversight by a Review Board rather than a criminal sentence, with outcomes ranging from an absolute discharge to continued detention, depending on the circumstances.
Do all twelve jurors have to agree?
Yes, in a jury trial, a unanimous verdict of all twelve jurors is required for either a guilty or a not guilty verdict.
Does a judge have to explain a guilty verdict?
In a judge alone trial, yes, the judge generally gives reasons for the verdict. A jury's verdict is announced without reasons.