What is the credibility of H and his out of court explanation?

British Columbia, Canada


The following excerpt is from R. v. D.J.H. (Y.O.A.), 2004 BCPC 517 (CanLII):

In assessing the credibility of H and his out of court explanation, I must apply the test set out in R v. W.D. (1991) 1991 CanLII 93 (SCC), 3 C.R. (4th) 302 which sets out a three part test as follows: First, if you believe the evidence of the accused obviously you must acquit. Second, if you do not believe the testimony of the accused but you are left in a reasonable doubt by it you must acquit. Third even if you are not left in doubt by the evidence of the accused, you must ask yourself whether on the basis of the evidence which you do accept, you are convinced beyond a reasonable doubt by that evidence of the guilt of the accused.

Other Questions


Can a court interfere with a trial court’s assessment of credibility? (Ontario, Canada)
In what circumstances will a judge at the Court of Appeal accept responsibility for differing as to the credibility of the witnesses at the Appeal Court? (Saskatchewan, Canada)
What is the Canadian Court of Justice's approach to credibility and reliability? (British Columbia, Canada)
What jurisdiction does the Court have to assess credibility and weighing the evidence of a refugee claimant? (Canada (Federal), Canada)
What is the test for assessing credibility of a court? (British Columbia, Canada)
In what circumstances will the court uphold a summary trial in cases where credibility is at stake? (British Columbia, Canada)
In what circumstances will the court proceed with findings of credibility? (British Columbia, Canada)
What factors must be considered by the court in assessing the credibility of a witness? (British Columbia, Canada)
What factors will the court consider in assessing the credibility of a sexual assault complainant when assessing the timing of disclosure? (Ontario, Canada)
How is the court in Canada assessing credibility? (British Columbia, Canada)