samedi 28 septembre 2024

Certains outils permettant d'apprécier la crédibilité et la fiabilité d'un témoin

R. v. Jacquot, 2010 NSPC 13 

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[40]   There are many tools for assessing the credibility and reliability of testimony.  First, there is the ability to consider inconsistencies with previous statements or testimony at trial and with independent evidence which has been accepted by me.  Second, I can assess the partiality of witnesses due to kinship, hostility or self-interest.  Where an accused person testifies this factor must be disregarded insofar as his or her testimony is concerned, as it affects every accused in an obvious way, and may have the effect of reversing the onus of proof.  Third, I can consider the capacity of the witness to relate their testimony, that is, their ability to observe, remember and communicate the details of their testimony.  Fourth, I can consider the contradictory evidence as well as the overall sense of the evidence and when common sense is applied to the testimony, whether it suggests that the evidence is impossible or highly improbable.

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