In assessing an unreasonable verdict ground of appeal, can an appellant's failure to testify be considered a grounds of appeal?

Ontario, Canada


The following excerpt is from R. v. Browne, 2021 ONCA 836 (CanLII):

In assessing an unreasonable verdict ground of appeal, the appellate court may consider an appellant’s failure to testify: Corbett v. R., 1973 CanLII 199 (SCC), [1975] 2 S.C.R. 275, at pp. 280-81, and R. v. Bains, 2015 ONCA 677, 127 O.R. (3d) 545, at para. 164.

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