Witness credibility key to Ontario Court of Appeal sex assault decision

By John L. Hill (August 28, 2023, 11:41 AM EDT) -- One of the purposes of having a trial is to determine the truth. In a criminal trial, the truth requires an evaluation of conflicting evidence so that the trier of fact can make a determination beyond a reasonable doubt. Often that evidence consists of witness accounts. Interpretation of those accounts and even determining if a witness has suppressed or altered the truth has become a mainstay in reasons for judgment at the trial and appellate courts. Appeal courts constantly rely on the rules established in R v. W. (D.) [D.W.], [1991] 1 S.C.R. 742....
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