What are the relevant factors for a finding of consciousness of innocence?
Ontario, Canada
The following excerpt is from R. v. Sherratt, 2001 CanLII 24080 (ON CA):
We find no error in the trial judge’s conclusion that a finding of consciousness of innocence was not warranted. The factors referred to by the appellant relate to the admissibility of evidence of an offer to take a polygraph test, and not to the inference to be drawn from such evidence once admitted. The conclusions reached by the trial judge concerning the proffered evidence of consciousness of innocence were available on the evidence. iii) Browne v. Dunn Error
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