What are the factors used by a judge to assess the credibility of the evidence in a sexual assault case?
British Columbia, Canada
The following excerpt is from Hamer-Jackson v. McCall Pontiac Buick Ltd., 2000 BCCA 416 (CanLII):
Credibility depends on a number of factors. Demeanour in the witness box is only one. Farnya v. Chorny provides a classic analysis of the factors and the approach a judge should take to the task of assessing the evidence. The case does not dictate the manner in which a trial judge should fashion his or her reasons. It is not an error of law for a trial judge to fail to refer to all of the factors.
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