Tuesday, May 13, 2014

Late retraction of KGB statement does not justify adverse inference

R. v. Kelly, 2014 ONCA 380:

[11]       Ordinarily accuseds have no obligation to disclose their defence.  This principle has exceptions that would justify the drawing of an adverse inference for late disclosure.  The requirement for the timely disclosure of an alibi defence is one such exception.  However, no exception applies to this case, and thus the trial judge erred in law in drawing an adverse inference.

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