What is the credibility of conflicting evidence in a sexual assault trial?

Ontario, Canada


The following excerpt is from R. v. Kalantzis, 2013 ONCJ 301 (CanLII):

[73] In applying the principles enunciated in Regina v. W.(D.), supra, to the assessment of the credibility of the conflicting evidence in this matter, I find that I am unable to firmly believe the exculpatory evidence of the defendant, due primarily to its obvious lack of independence. On the other hand, when I consider the said exculpatory evidence in the context of the totality of the evidence before me, I find that I am left in a state of reasonable doubt as to the defendant’s guilt of the subject charge.

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