What is the test for a jury in a sexual assault trial where there are two competing versions of the facts?
Newfoundland and Labrador, Canada
The following excerpt is from R. v Wayne Allen, 2016 CanLII 106710 (NL PC):
It is important here to underline the fact that a trial is not a sort of “credibility contest”, in which the trier of fact is required to choose between competing versions of the facts. On the contrary, in trials where there are two versions of the same events, it is not simply a question which version the trial judge favours or believes; rather, the role of the trial judge is to assess the testimony of the accused and to determine whether the exculpatory testimony is believed, whether it raises a reasonable doubt, and failing both, whether the prosecution has proven its case beyond a reasonable doubt. See Gahan v. R., 2014 NBCA 18, at paragraph 1.
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