What is the test for cross-examining in a sexual assault case?

Ontario, Canada


The following excerpt is from R. v. Kane, 2014 ONSC 4930 (CanLII):

In Regina v. J.K., [1997] O.J. No. 1559 (S.C.) Hill J. stated the following with respect to the failure to cross-examine at paragraph 70: A failure to cross-examine a witness, for example, the complainant, on matters material to the case may result in the assignment of diminished weight to subsequent evidence. As a general rule, where a party seed to impeach the credibility of a witness by independent or extrinsic evidence, the witness should be given notice of that intention, ordinarily through cross-examination on the relevant point. The rule accords with fairness to the witness and in turn to the parties. On important evidentiary points, it is unsatisfactory to be left with an absence of an explanation by a witness as to subject matter first raised after the witness has completed his/her testimony. In this case, the complainant was not cross-examined as to matters raised in the accused's testimony, for example, the extent of the agreement between the parties as to the second cleaning assignment at the Lakeshore Road apartment, and, the state of the unwashed dishes ad the angry outburst of the accused toward the complainant regarding her failure to clean the dirty dishes at the restaurant on July 27th, 1994.

Other Questions


What is the current sentencing range for an assault where the accused has pleaded guilty to a charge of assault, assault and sexual assault? (Ontario, Canada)
What is the test for finding that a defendant in a sexual assault case has been found guilty of assault by reason of gross negligence? (Ontario, Canada)
What is the test for obtaining medical records and sexual activity records in a sexual assault case? (Ontario, Canada)
In what circumstances will a court sentence an offender who sexually assaulted a 15 year old girl who was sexually assaulted by friends of her parents who plied her victim with alcohol? (Ontario, Canada)
What is the case law in favour of protecting the identity of victims in sexual assault cases? (Ontario, Canada)
How has the Court treated sexual assault and indecent assault cases? (Ontario, Canada)
What is the test for establishing a permissive prima facie case in a sexual assault case? (Ontario, Canada)
What is the appropriate sentence for a conviction of sexual interference in a sexual assault case? (Ontario, Canada)
What is the appropriate sentence for a sexual assault case where the accused assaulted a 16 year old girl? (Ontario, Canada)
What is the impact of the Court of Appeal's ruling in cases involving sexual assault cases? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.