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Evidence - 'Confirmatory' Evidence. R. v. G.H.
In R. v. G.H. (Ont CA, 2023) the Court of Appeal comments on 'confirmatory' evidence:[20] The phrase “confirmatory evidence” does not have a technical meaning. Nor does the phrase suggest a particular level of probative value. Confirmatory evidence is evidence the trier of fact accepts as true which, as a matter of common sense, provides support for the truth of a material part of the evidence of another witness, usually the complainant. Deciding whether evidence is confirmatory of the allegations made by a complainant is part of the broader assessment of the complainant’s credibility and reliability that trial judges must make based on the entirety of the evidence: see R. v. Primmer, 2021 ONCA 564, paras. 31-33, 39.
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