5,109
edits
Difference between revisions of "Pleading Not Guilty and Criminal Trials (1:VII)"
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Pleading Not Guilty and Criminal Trials (1:VII) (view source)
Revision as of 22:50, 29 August 2022
, 22:50, 29 August 2022→8. Accused Testifying
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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. | 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. | ||
If the accused testifies, the judge must consider the instructions set out in ''[https://www.canlii.org/en/ca/scc/doc/1991/1991canlii93/1991canlii93.html?searchUrlHash=AAAAAQAIciB2IHcoZCkAAAAAAQ&resultIndex=1 R v. W(D)]'' [1992] 1 SCR 742: | If the accused testifies, the judge must consider the instructions set out in ''[https://www.canlii.org/en/ca/scc/doc/1991/1991canlii93/1991canlii93.html?searchUrlHash=AAAAAQAIciB2IHcoZCkAAAAAAQ&resultIndex=1 R v. W(D)]'' [1992] 1 SCR 742, the W(D) principles: | ||
# If the judge believes the accused, they must acquit; | # If the judge believes the accused, they must acquit; | ||
# If the judge does not believe the accused, but is still left with a reasonable doubt from the testimony, they must acquit; and | # If the judge does not believe the accused, but is still left with a reasonable doubt from the testimony, they must acquit; and | ||
