How have we assessed the demeanour of a witness at a criminal trial?

While demeanour alone is not determinative of credibility, it is factor to consider. SM gave evidence in a relatively straightforward manner. As expected, his memory for some of the details was not complete. However, we found his evidence overall to be consistent with the documents provided. Applying the test in Faryna v. Chorny, we find that his evidence is more consistent with the preponderance of the probabilities that a practical and informed person would readily recognize as reasonable in that place and in those conditions.