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.