Cross-Examining a Crown Witness on his/her Criminal Record, Outstanding Charges, and Withdrawn Charges
Generally speaking, defence counsel may attempt to undermine the credibility of a Crown witness by attacking the character of that witness. Any Crown witness who, for example, has an unsavoury character, or a criminal record, or a disreputable past, is liable to be questioned by defence counsel in a manner that is designed to reveal any flaws in their character. In so doing, the defence may attack his or her general character by exploring, within reasonable limits, all manner of past acts of alleged misconduct. Such questioning is relevant to the credibility of the witness. See R. v. Davidson, DeRosie and MacArthur (1974), 1974 CanLII 787 (ON CA), 20 C.C.C. (2d) 424 (Ont.C.A.) at pp. 441-442 , leave denied, [1974] S.C.R. viii; R. v. Mitchell , 2008 ONCA 757 (CanLII), at paras. 17-19 ; R. v. Boyne , 2012 SKCA 124 (CanLII), at para. 47 , leave denied, [2013] S.C.C.A. No. 54. Cross-examination on the details of a Crown Witness’s Criminal Record ...