Is there any case law or case law in which a defence counsel has been found to have made out deficiencies in the credibility assessment?

Alberta, Canada

The following excerpt is from R. v. Wronko, 2013 ABCA 135 (CanLII):

In our view, the relevant inquiry is whether the listed deficiencies, even if made out (upon which we express no opinion), in the course of this difficult but imperfect trial, impugn the credibility assessment. The record as a whole suggests otherwise. By way of example, the mental health evidence, even if successfully objected to, would not have altered the credibility findings of the trial judge who made no reference to that evidence. The alleged improper use of notes by the witnesses to refresh their memory, even if objected to, would likely have been permitted. As to the suggestion of collusion among the witnesses, it would have been apparent to the trial judge that a number of the witnesses, particularly those living in the same household, would have compared notes which in no way would have detracted from the clear and unequivocal acceptance of their testimony by the trial judge. Failure on the part of defence counsel at trial to comply with Browne v. Dunn (1893), 6 R 67 (HL) is also of no moment. The trial judge said expressly that any such failure had no effect on the outcome. (AR 125/4-12)

Other Questions

What are some cases where a court has found that a person can be found to have committed a criminal offence under an ABBA? (Alberta, Canada)
In what circumstances have the defence been successful against the defence in argument? (Alberta, Canada)
What is the effect of counsel suggesting that where a debtor gives his creditor a promissory note the terms of the contract must be found in the note itself? (Alberta, Canada)
What is the impact of bad faith in the credibility of a defence lawyer? (Alberta, Canada)
What is the test for assessing the credibility of witness testimony when there is conflicting evidence? (Alberta, Canada)
Can defence counsel argue that the accused has a right to adduce his new evidence for the first time? (Alberta, Canada)
What is the defence of self-defence in a murder case? (Alberta, Canada)
Can a defence counsel argue that disclosure of material risks must be disclosed? (Alberta, Canada)
In what circumstances have courts found a mother guilty of parental alienation and/or found her to be in contempt and ordered a sanction of costs to indemnify the father for all costs of the proceedings? (Alberta, Canada)
What is the test for assessing credibility in a sexual assault case? (Alberta, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.