EVIDENCE — Witnesses — Credibility — Prior inconsistent statements

Law360 Canada (June 6, 2024, 12:47 PM EDT) -- Appeal by TC from his conviction for five counts of assault and one count of sexual assault and appeal from sentence of five years’ imprisonment. The heart of TC's appeal against his convictions was that the trial judge committed two errors which, in combination, compromised the fairness, or at least the appearance of fairness, of the trial. First, he submitted that the trial judge erred by allowing the Crown to re-call the complainant, SM, for further re-examination after it had closed its case. Second, he submitted that the trial judge erred in failing to relate inconsistencies in SM's evidence to the more general parts of her charge on the assessment of prior inconsistent statements. TC also appealed his sentence on the basis that the trial judge should have ordered that the sentences for the assault convictions be served concurrently rather than consecutively....
LexisNexis® Research Solutions

Related Sections