Conviction appeal on sexual assault and prostitution related offences. Credibility contest. Trial judge believed the complainant and disbelieved the accused. In particular, trial judge found that the complainant’s admission of prior dishonesty (a prior fraudulent claim to an insurance company) buttressed her credibility.
Held: Appeal dismissed.
“There is no rule of law that in assessing credibility a trial judge cannot consider a witness’s response during cross-examination to allegations of dishonesty … If … the witness admits the prior dishonesty, and perhaps provides some explanation, regret or excuse, there is no reason why that too cannot be part of the constellation of factors considered when assessing her credibility.”
D. Song, K. Quinlan –