Monday, February 24, 2014

Witnesses perceive events differently

R. v. Wilcox, 2014 BCCA 65:

[28]        I do not quarrel with the proposition, stated in Burd, that when a number of people observe the same event, they may see or recall the event differently. Such discrepancies do not reflect a witness' credibility, "but simply [show] the difficulties and frailties of eye-witness evidence" (at para. 23). I am not convinced that this principle applies in these circumstances.

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