R. v. N.W.

R. v. N.W.

Viewed as a whole, Defence cross-examination was directed to undermining M.B.'s credibility and asserting he was the actual perpetrator, not to portraying him as the type of person likely to commit the murder; therefore the Defence did not put the accused's character in issue and the Crown's application to re-examine M.B. about N.W.'s character is dismissed.

Citation
2017 NSPC 36
Parties
Crown/prosecution: Her Majesty the Queen; Accused: W.(N.) / N.W.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
30 June 2017
Procedural Posture
Criminal (youth) First Degree Murder / Trial — Evidentiary Ruling on Re Examination and Bad Character Evidence
Outcome
Crown application dismissed
Legal Topics
Bad Character Evidence, Cross Examination, Alternate Suspect, Propensity Evidence, Credibility, Re Examination
Source Language
English
Criminal Law Evidence Law Youth Justice Bad Character Evidence Cross Examination Alternate Suspect Propensity Evidence Credibility +1 more

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Parties

Her Majesty the Queen

Crown/prosecution

W.(N.) / N.W.

Accused

Procedural Posture

Criminal (youth) First Degree Murder / Trial — Evidentiary Ruling on Re Examination and Bad Character Evidence

Legal Issues

  1. 1 Whether Defence cross-examination of Crown witness opened the door to admission of bad character evidence about the accused
  2. 2 Whether the Crown may re-examine its witness about the accused's character to rebut propensity inferences
  3. 3 Whether pointing to an alternate suspect permits probative evidence of the accused's character to be admitted to avoid misleading the trier of fact

Ratio Decidendi

Viewed as a whole, Defence cross-examination was directed to undermining M.B.'s credibility and asserting he was the actual perpetrator, not to portraying him as the type of person likely to commit the murder; therefore the Defence did not put the accused's character in issue and the Crown's application to re-examine M.B. about N.W.'s character is dismissed.

Court Disposition

Crown application dismissed

Orders

  • Crown's application to re-examine witness M.B. to explore N.W.'s character is dismissed; re-examination into accused's character not permitted