Is there any evidence that would have allowed the jury to engage in a credibility contest?
Alberta, Canada
The following excerpt is from R v K. J. K., 2015 ABCA 57 (CanLII):
However, the appellant points to two passages in the trial judge’s instruction on the elements of the offence which he says would have invited the jury to engage in the credibility contest prohibited by R v. W(D). In discussing the intentional application of force the trial judge said, If you accept the evidence of the complainant that the accused’s hand touched her vagina and/or on two occasions, either one, or both occasions, the accused tried to force his penis into the complainant against her will when she blocked him from entering her with her hands, then this element of the offence will have been satisfied beyond a reasonable doubt. If you are not satisfied beyond a reasonable doubt that [the accused] intentionally applied force to [the complainant], you must find [the accused] not guilty. Your deliberations will be over.
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