What is the credibility and reliability of evidence in a sexual assault case?

British Columbia, Canada


The following excerpt is from R. v. Neigum, 2014 BCSC 2019 (CanLII):

Before turning to the evidence, I will first make some general comments about assessing credibility and reliability of witnesses. A court can accept all, some, or none of the evidence of a witness. Assessing credibility and reliability involves examination of a number of factors. These factors can include the witness's ability and opportunity to observe events; the firmness of his or her memory; the ability to resist the influence of interest to modify his or her recollection; whether the witness's evidence harmonizes with independent evidence that has been accepted; whether the witness changes his or her testimony during direct and cross-examination; whether the witness has unexplainable differences between his or her statement to police or his or her preliminary inquiry evidence and testimony at trial; whether the witness's testimony seems unreasonable, impossible, or unlikely; whether he has motive to lie; and the demeanour of a witness generally: Bradshaw v. Stenner, 2010 BCSC 1398 at 186 .

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