How is credibility determined in a criminal case?

Ontario, Canada


The following excerpt is from Law Society of Ontario v. Cusack, 2018 ONLSTH 100 (CanLII):

In determining credibility, we refer to the well-established approach set out in Faryna v. Chorny:[23] The credibility of interested witnesses, particularly in cases of conflict of evidence, cannot be gauged solely by the test of whether the personal demeanour of the particular witness carried conviction of the truth. The test must reasonably subject his story to an examination of its consistency with the probabilities that surround the currently existing conditions. In short, the real test of the truth of a story of a witness in such a case must be its harmony with the preponderance of the probabilities which a practical and informed person would readily recognize as reasonable in that place and in those conditions.

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