Cross-examining a Witness on the Facts he has Admitted on a Plea


It is settled law that the guilty plea of an accomplice or co-accused has no relevance to the ultimate issue of guilt or innocence of the accused:

See R. v. Berry, 1957 CanLII 115 (ON CA), [1957] O.R. 249 (C.A.); R. v. Buxbaum (1989), 33 O.A.C. 1 (C.A.), leave to appeal to S.C.C. refused, [1989] S.C.C.A. No. 239; R. v. Lessard (1979), 50 C.C.C. (2d) 175 (Que. C.A.); R. v. Caesar, 2016 ONCA 599 (CanLII), 350 O.A.C. 352.

For the sole purpose of assessing his credibility as a witness at trial, a witness who has previously pled guilty to an offence may be cross-examined at trial on the facts to which he admitted on his plea. There is nothing improper in using the evidence in this manner.

See R. v. Berry, 2017 ONCA 17, at paras. 29-42; see also R. v. Marchesan, 2017 ONCA 355.

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