Crown appeal from acquittal on manslaughter charge. Crown’s case rested in part upon the evidence of an unsavory witness. Trial judge rejected the evidence of that witness. Issue as to whether trial judge erred by using the wrong test to determine what constituted confirmatory evidence.
Held: Appeal allowed, new trial.
Confirmatory evidence must be considered cumulatively, and not scrutinized individually: Warkentin [1977] 2 SCR 355. “The issue here, is not whether the potentially confirmatory evidence was sufficient to rehabilitate Mohammad as a witness. The trial judge would have been entitled, with or without that evidence, to harbour a reasonable doubt …. The issue is whether he erred by failing to consider that evidence, as Warkentin requires, as a whole.” O’Ferrall JA dissented.
D. Hatch – Defence Counsel