What is the difference between the credibility of the witness and the judge?
Ontario, Canada
The following excerpt is from R. v. Stanley Obiora, 2019 ONSC 4719 (CanLII):
The trial judge must be afforded great difference in her assessment of the witnesses’ credibility. She saw them give evidence, she heard their evidence, and she heard the inconsistencies. See; R v. H(W), 2013 SCC 22.
An appellate court that reviews a trial court’s assessment of credibility in order to determine whether the verdict is reasonable, cannot interfere with those assessments unless it is established that they cannot be supported on any reasonable view of the evidence. R v. H(W) supra. at para 10; see also R v. Magno, 2015 ONCA 111 at para. 72-73.
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