Is MV's evidence inconsistent with her statement to the police and from the preliminary hearing?
Ontario, Canada
The following excerpt is from R. v. M.O., 2021 ONSC 8403 (CanLII):
During cross-examination, MV gave evidence inconsistent with her statement to the police and from the preliminary hearing. There were also inconsistencies between her police statement and her evidence at the preliminary hearing. There were also external inconsistencies between her evidence and that of her parents. I must therefore assess whether the inconsistencies were minor, material but not going to a critical issue, or significant and going to a critical issue: R v. Green, 2021 ONSC 6578, at para. 76. It will be open to me to determine whether I prefer her recounting of what transpired when she spoke to the police hours after the alleged occurrence, once I consider the inconsistences.
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