Friday, Feb 26,2016
Testimony of Accused and Presumption of Innocence

Accused not to be disbelieved merely because they want to be acquitted

R v DeJeage: 2014 NUCJ 21(i). The Defendant’s motivation to lie[434] In arriving at a decision on the credibility and reliability of the evidence of the Defendant, the Crown urges the Court to take into consideration the Defendant’s motivation to lie. The Crown argues that the Defendant will be inclined to hide from the truth in order to escape the personal consequences that would flow from a conviction and or sentencing.

[435] This same argument might be made of any citizen who is charged with a criminal offence. The Crown would have this Court automatically discount a Defendant’s testimony because he or she is charged and is therefore presumed to be seeking to avoid punishment for a crime or crimes that he or she has committed.

[436] This Court emphatically repudiates this argument. Such an approach, if accepted, would undermine the presumption of innocence that has been the philosophical cornerstone of the criminal justice system for hundreds of years. The presumption of innocence must be the starting point of the Court’s deliberations. Nothing less will suffice.

— IF YOU NEED THE HELP OF A CRIMINAL DEFENCE LAWYER IN THE MISSISSAUGA OR BRAMPTON COURTS CONTACT AVTAR BHANGAL TODAY. EASY ASSESSABLE BY CELL PHONE AT 416-616-4211 OR AT HIS OFFICE AT 905-565-0655.

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