What is the consequence of a failure to cross-examine the complainant in cross-examination?
Ontario, Canada
The following excerpt is from R. v. Tompkins, 2017 ONSC 5524 (CanLII):
The “rough sex” as a possible explanation for bruises on the complainant, was raised by the accused at the outset of his examination in chief. This suggestion was never put to the complainant in cross-examination. Crown counsel raises the rule in Browne v. Dunn in light of such failure.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the consequences of the failure of the accused to testify? (Ontario, Canada)
What are the consequences of a party’s failure to follow a court order? (Ontario, Canada)
Does a motion of dismissal have to include cost consequences or cost consequences? (Ontario, Canada)
What are the consequences of a father's failure to comply with a court order requiring him to pay child support for his daughter? (Ontario, Canada)
What is the consequence of a plaintiff's failure to close a real estate transaction? (Ontario, Canada)
What are the consequences of Scotia Life Insurance Company’s failure to pay the costs of ScotiaLife? (Ontario, Canada)
Does the allegation that the complainant went upstairs to shower, as a preparation for sexual relations, was not put to the complainant in cross-examination? (Ontario, Canada)
Is a party's failure to raise allegations of harm in a Convention signatory state determinative of a failure to meet the threshold test of grave risk of harm? (Ontario, Canada)
What are the consequences of a plaintiff's failure to mitigate? (Ontario, Canada)
Is a restaurant owner who asked a complainant not to smoke marijuana close to the restaurant's entrance an intended retaliation for the complainant? (Ontario, Canada)
