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Canadian Animal Law

Prior Inconsistent Statement

. R v G.H.

In (Ont CA, 2020) the Court of Appeal stated some basics regarding the use of prior inconsistent statements:
[32] A prior inconsistent statement can be used to cross-examine a witness. It can only be used on the issue of credibility. However, unless the prior inconsistent statement is adopted by the witness, it cannot be used for the truth of its contents. Failure to provide a limiting instruction to the jury has been held to be a reversible error: Deacon v. The King, 1947 CanLII 38 (SCC), [1947] S.C.R. 531; McInroy and Rouse v. R., 1978 CanLII 175 (SCC), [1979] 1 S.C.R. 588; R. v. Mannion, 1986 CanLII 31 (SCC), [1986] 2 S.C.R. 272.


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