Prior Inconsistent Statements: Fear as a Possible Explanation

Evidence of fear or threats may be relevant to several different issues in a criminal trial, among them, the state of mind of a person who testifies in those proceedings. Threats to a witness, or fear on the part of a witness about consequences following the giving of evidence or testifying in a certain manner, may explain why a witness has strayed from prior versions of the same events.

R. v. John, 2017 ONCA 622, at para. 80.

R. v. Cuadra (1998), 125 C.C.C. (3d) 289 (B.C.C.A), at para. 29;

R. v. Lawrence (1989), 52 C.C.C. (3d) 452 (Ont. C.A.), at p. 456;

Evidence of the Accused’s Bad Character

It seems likely to me that a fearful witness, in explaining the reason for the inconsistencies in her statements, and thus her fear, will attempt to give evidence of the accused’s bad character. 

If this evidence is admitted at all, it should be limited to the purpose of allowing the trier of fact (e.g., the jury) to assess the credibility of the witness. The trier of fact is not allowed to use that evidence, if it is accepted, for the purposes of concluding that the accused is of bad character or that he is a type of person who was likely to commit the offences for which he is charged.



Stuart O’Connell, O’Connell Law Group, www.leadersinlaw.ca

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