What is the rule in the context of cross examination in a sexual assault case?
Newfoundland and Labrador, Canada
The following excerpt is from R. v. Conway (Reid), 2014 CanLII 11924 (NL PC):
Earlier in these reasons I mentioned the rule in Browne v. Dunn, and said that I would have more to say about it. The rule is one of fairness to the witness: a cross examiner cannot rely on evidence that is contradictory to the testimony of the witness without having first putting the evidence to the witness in order to allow the witness to explain the alleged contradiction. In this case, it is unfair not to ask the complainant whether he had been carrying a beer bottle, or whether he had thrown a beer bottle, only later to lead that evidence from the accused.
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