Does a defence lawyer have to cross-examine a witness in cross-examination?
British Columbia, Canada
The following excerpt is from R. v. Caron, 2014 BCSC 242 (CanLII):
The rule in Browne v. Dunn presumes that a properly instructed lawyer would know what his client will say in court. If a defence lawyer knows that his client will testify and contradict a witness, then he must propose the contradictory evidence to the witness during cross-examination. A failure to cross-examine implies that the client's instructions did not include the contradictory information and throws doubt upon the accused person's credibility.
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