Presumptions: The Honesty of Witnesses is not Presumed
The law recognizes no presumption of
honesty among witnesses summoned to testify in a criminal trial.
R. v. Luciano,
2011 ONCA 89 (CanLII), at para. 147.
The
evidence of each witness is to be assessed in the light of the totality of the
evidence without any presumptions except the general and over-riding
presumption of innocence.
R. v. Thain (2009), 2009 ONCA 223
(CanLII), 243 C.C.C. (3d) 230 (Ont. C.A.), at para. 32.
Stuart O'Connell, O'Connell Law Group, www.leadersinlaw.ca
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