What are the factors used to assess credibility in a criminal trial?
British Columbia, Canada
The following excerpt is from McKerracher v Neustater, 2022 BCSC 389 (CanLII):
The factors that should be considered when assessing credibility were identified in Bradshaw v. Stenner, 2010 BCSC 1398, aff’d 2012 BCCA 296. These factors include: the ability and opportunity of the witness to observe events; the firmness of their memory; the ability of the witness to resist the influence of self-interest to modify their recollection; whether the witness’ evidence harmonizes with, or is contradicted by, independent or undisputed evidence; whether the witness changes their testimony during direct and cross-examination; whether the witness’ testimony seems unreasonable, impossible or unlikely; whether a witness has a motive to lie; and the demeanor of a witness generally (para. 186).
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