Corbett rulings entitled to 'great deference'

In general any witness, including an accused, may be cross-examined on their criminal record for the purpose of showing the witness is not credible. That said, where the risk exists that a trier of fact will misuse such evidence and convict based on propensity the cross must be limited -- a 'Corbett' ruling

Such ruling must balance probative value and prejudicial effect. But such ruling is discretionary and will not lightly be overturned. See today's decision in R. v.  Hamilton, 2009 ONCA 267:


[6]               The trial judge's discretionary ruling on this issue attracts great deference from this court.  The trial judge was uniquely positioned to assess the tenor of the defence cross-examination of the complainant and to determine whether the nature of that cross-examination warranted the admission of the evidence of the appellant's prior convictions and cross-examination on the appellant's record. 
James Morton
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