"The testimony of the defendant has to be believed" ???

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Stanton
High Authority
High Authority
Posts: 2111
Joined: Tue Feb 01, 2011 8:49 pm
Location: Ontario

by: Stanton on
Mon May 09, 2011 9:24 pm

Somewhat oversimplified by Lai, but yes. Case law basically states that the Crown witnesses shouldn't be given any more weight than defence witnesses if both are equally credible. For typical HTA purposes, it basically means the evidence of the police shouldn't be considered any more credible by virtue of their occupation.

The key is credibility. Simply taking the stand and saying "I didn't do it" probably won't cut it. You'll need to provide a clear explanation of what took place. If your version of events is considered to be as credible as the officers, then it creates reasonable doubt. The Court can still believe the officer, but no more so then the defendant.

As with all things HTA, your success with this tactic will vary depending on the jurisdiction and J.P.


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