What is the test for a finding of "uncontradicted"?
British Columbia, Canada
The following excerpt is from R. v. Woodcock, 1996 CanLII 1704 (BC CA):
Thirdly, Wright v. The King 1945 CanLII 41 (SCC), [1945] 83 C.C.C. 225 (S.C.C.) at 230, where I find the following passage: Doull, J., in that regard, in the course of his reasons said: "I certainly dissent from any pronouncement that a statement of a Judge that certain evidence is 'not denied' or is 'uncontradicted' without more is a sufficient ground for setting aside a verdict. The words 'subject of comment' mean something more than a reference to evidence as 'uncontradicted'. There must be something which pointedly draws the attention of the jury to the fact that there is evidence which the accused could give and which he has failed to give."
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