Sunday, May 4, 2014


[1]      (NOW) testified for the Crown.  There is a special instruction that has to do with his/her evidence.  It is an instruction that you must keep foremost in your mind when you are considering how much or little you will believe of or rely upon his/her evidence in making your decision in this case.


[3]      Common sense tells you that, in light of these circumstances, there is good reason to look at(NOW)'s evidence with the greatest care and caution.  You are entitled to rely on (NOW)'s evidence even if it is not confirmed by another witness or other evidence, but it is dangerous for you to do so.  Accordingly, you should look for some confirmationof (NOW)'s evidence from somebody or something other than (NOW) before you rely upon his/her(NOW)'s evidence in deciding whether Crown counsel has proven the case against (NOA) (or, the persons charged) beyond a reasonable doubt.  To be confirmatory, the testimony of another witness or witnesses or other evidence should help restore your faith in relevant parts of (NOW)'s evidence.


[4]      (NOW) and the circumstances in which (s/he)testified might well make you wish that somebody or something else confirmed what (NOW) said. You may believe (NOW)'s testimony, however, if you find it trustworthy, even if no one or nothing else confirms it. When you consider it, however, keep in mind whogave the evidence and the circumstances under which(NOW) testified.

(Where there is confirmatory evidence, the following may be added:)


[5]      You may find that there is some evidence in this case that confirms or supports some parts of(NOW)'s testimony. It is for you to say whether this or any evidence confirms or supports his/her testimony, and how that affects whether or how much you will believe of or rely upon (his/her) testimony in deciding this case.

The evidence to which I am about to refer illustrates the kind of evidence that you may find confirms or supports (NOW)'s testimony. It may help you. It may not. It is for you to say.

1 comment:

Anonymous said...

sorry - for those of us not blessed with a legal education could you please define (NOW)? Or am I missing something?