What are the principles applied by the courts in assessing the credibility of the accused?

Yukon, Canada


The following excerpt is from R. v. C.F.N., 2018 YKSC 15 (CanLII):

The accused testified in this trial. Accordingly, counsel are agreed that I am obliged to consider the principles originally set out in R v. W.(D.), 1991 CanLII 93 (SCC), [1991] 1 S.C.R. 742, in assessing the credibility of the accused in relation to the onus of proof, which in this case remains on the Crown at all times. The W.(D.) principles have been expressed by courts in various ways since originally pronounced. There is no magic wording or formula in stating the principles. The way they are expressed in Canadian Criminal Jury Instructions, 4th Ed., 2017, at p. 4.04 - 3 is as follows: 1) If I believe the evidence of the accused, I must find him not guilty. 2) If I do not believe the evidence of the accused, but his evidence leaves me with a reasonable doubt [on the issue of consent to the sexual intercourse], I must find him not guilty. 3) If I do not know whom to believe, then I have a reasonable doubt and must find the accused not guilty. 4) Even if I am not left with a reasonable doubt by the evidence of the accused and the defence witnesses, I must still ask myself whether, on the whole of the evidence, I am satisfied beyond a reasonable doubt that the accused is guilty. ANALYSIS 1) The evidence of the accused

Other Questions


How have the courts interpreted the principle of "reasonable diligence" in assessing the facts of a claim? (Yukon, Canada)
When will the court order an assessment of the finances of the accused in a Rowbotham application? (Yukon, Canada)
What is the test for applying the principle against multiple convictions? (Yukon, Canada)
What are the general principles applicable in the law of common law? (Yukon, Canada)
How have the courts interpreted the concept of conspiracy in a claim of wrongful dismissal? (Yukon, Canada)
What is the legal principle of a motion requiring the immediate release of a child with special needs, and what is the test for this? (Yukon, Canada)
How have courts interpreted the meaning of the word “proceeding” in the context of the English Limitation Act? (Yukon, Canada)
What is the test for credibility at a preliminary hearing? (Yukon, Canada)
What principles govern the reopening of a judgment? (Yukon, Canada)
When will the court grant a variance of an interim order where the child's work requirements change? (Yukon, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.