HMTQ v. Plasway

HMTQ v. Plasway

The Corbett application was dismissed: because the accused launched an all-out attack on the complainant's credibility and the prior sexual assault conviction was recent and directly relevant, the probative value for assessing credibility outweighed the prejudicial effect; the Crown is permitted to cross-examine the accused on that prior conviction and the judge must give a limiting instruction restricting use to credibility and not propensity.

Citation
2004 BCSC 84
Parties
Crown: Her Majesty the Queen; Accused: Melvin Ivan Plasway
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 January 2004
Procedural Posture
Criminal Sexual Assault / Trial by Judge and Jury; Corbett Application at Close of Crown's Case (pre Testimony of Accused)
Outcome
Defence Corbett application dismissed; cross-examination on prior conviction permitted.
Legal Topics
Corbett Application, Prior Convictions, Cross Examination, Credibility, Admissibility, Fair Trial, Canada Evidence Act S.12
Source Language
English
Criminal Law Evidence Constitutional Law Corbett Application Prior Convictions Cross Examination Credibility Admissibility +2 more

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Parties

Her Majesty the Queen

Crown

Melvin Ivan Plasway

Accused

Procedural Posture

Criminal Sexual Assault / Trial by Judge and Jury; Corbett Application at Close of Crown's Case (pre Testimony of Accused)

Legal Issues

  1. 1 Whether the accused may be cross-examined on a prior sexual assault conviction under s.12 of the Canada Evidence Act
  2. 2 Proper timing for a Corbett application (close of Crown's case)
  3. 3 Balancing probative value of prior conviction against prejudicial effect given similarity and recency and an all-out attack on credibility

Ratio Decidendi

The Corbett application was dismissed: because the accused launched an all-out attack on the complainant's credibility and the prior sexual assault conviction was recent and directly relevant, the probative value for assessing credibility outweighed the prejudicial effect; the Crown is permitted to cross-examine the accused on that prior conviction and the judge must give a limiting instruction restricting use to credibility and not propensity.

Court Disposition

Defence Corbett application dismissed; cross-examination on prior conviction permitted.

Orders

  • Corbett application denied.
  • Crown is permitted to cross-examine the accused on his January 12, 2001 sexual assault conviction.