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Watt Newsletter


Watt’s Criminal Law and Evidence Newsletter provides valuable insights into criminal law and evidence including summaries and comments on case law, key statutory developments, and commentary on current issues of interest to criminal law practitioners. The newsletter is published on a bi-weekly basis.

Excerpt from Newsletter 2012-4 – Read the latest newsletter (the full version is available to CriminalSource subscribers). 

 

“Mixed Witnesses" and Confirmatory Evidence

 

Jury instructions should make it clear that jurors should search for confirmatory evidence of the inculpatory parts of a "mixed witness" evidence that is subject to a Vetrovec caution. The instructions should also point out that D should be acquitted if the exculpatory parts of the evidence of the "mixed witness", considered in the context of the entirety of the evidence, leave jurors with a reasonable doubt about D's guilt: R. v. Rowe (December 1, 2011), CA C51150, 2011 CarswellOnt 13378 (Ont. C.A.).

 

See, Watt's Manual of Criminal Evidence, §33.01, Unsavoury Witness Warnings: Mixed Witnesses; §33.01, Unsavoury Witness Warnings: Listing Confirmatory Evidence.

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