What is the test for cross-examination in a sexual assault case involving a pornographic film?

Alberta, Canada


The following excerpt is from R. v. Jussila, 1997 ABCA 43 (CanLII):

According to the appellant, the trial judge erred by focussing on the demeanour or the appearance of credibility of the complainant, rather than on the accuracy or reliability of his memory. He maintains that since the focus of cross- examination was on the reliability of that evidence, some instruction on this factor should have been evident in the reasons for the decision. It is the lack of appreciation of the impact of the strange and weird dreams, as well as the pornographic movie, which the appellant says brings this case within the ambit of Harper v. The Queen 1982 CanLII 11 (SCC), [1982] 1 S.C.R. 2 (S.C.C.).

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