Difference between revisions of "Pleading Not Guilty and Criminal Trials (1:VII)"

The accused cannot be compelled to testify (see s 11(c), ''Charter''). If the accused chooses not to testify, no adverse inference may be drawn from that decision. A decision to call the accused should be made on the particular facts of each case, taking into account the strength of the Crown’s evidence as presented in the trial at the close of Crown’s case and the risks of exposing the accused to cross-examination. Prior convictions for crimes of dishonesty (e.g., theft, fraud, etc.) are admissible for the purpose of assessing credibility of the accused only.  

If the accused has a criminal record and plans on testifying in their own defence, then the defence/accused should be prepared to argue a ''Corbett'' application (see ''[https://www.canlii.org/en/ca/scc/doc/1988/1988canlii80/1988canlii80.html?searchUrlHash=AAAAAQALciB2IGNvcmJldHQAAAAAAQ&resultIndex=1 R v. Corbett]'' [1988] 1 SCR. 670) at the end of Crown counsel’s case and before a final decision is made to have the accused testify, particularly if the accused has convictions for crimes that are similar to the crime alleged. If successful, a Corbett application prevents the Crown from using the accused’s criminal record during cross-examination for the purpose of attacking the accused’s credibility.