R. v. Comer, 2006 NSSC 217
[96] In weighing the testimony of the witnesses I am obliged to consider human factors which may affect the giving of perfectly honest evidence. These factors may be phrased in the form of the following questions: (1) Did the witness have any particular reason to assist him or her in recalling the precise event that he or she attempted to describe? (2) Could the witness, because of the turmoil surrounding the event at the time it occurred, have been easily or understandably in error as to detail, or even as to the time of the occurrence? (3) What real opportunity did the witness have to observe the event? Where was he or she when the event happened? Was it a situation of panic or a relatively calm period and how would that affect recollection? If the witness’ recollection was recorded when were the notes made? (4) Did the witness have any interest in the outcome of the trial or any motive for either favouring or injuring one side or the other or was the witness’ evidence entirely independent? (5) What was the memory capacity of the witness? What was the appearance and demeanor of the witness in the witness box? Was the witness forthright and responsive to questions or was the witness evasive and hesitant? Was the witness argumentative? (6) Was the witness’ testimony reasonable and consistent within itself and with the uncontradicted facts.
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