What is the effect of failing to put to the complainant this version of events?
Ontario, Canada
The following excerpt is from R. v. Beckers, 2012 ONSC 6709 (CanLII):
I find that the failure to put to the complainant this version of events was violation of the rule in Browne v. Dunn. I am entitled to draw an adverse inference and I do so. The inference that I draw is that the accused is not being truthful about the event and that this version was not put to the complainant because he would have denied it.
In any event, even if this was not a violation of the rule in Browne v. Dunn, I do not believe the accused in this regard. His story was short on specifics and was not credible.
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