During a jury trial for sexual assault and unlawful confinement, the accused brought a Corbett application seeking to exclude his criminal record from being used in cross-examination should he testify.
The court considered the Corbett factors including the nature, similarity, and remoteness of prior convictions and the impact on trial fairness.
The judge held that the adult convictions could be used in cross-examination because the case turned largely on credibility and excluding the record would create a misleading impression for the jury.
However, the accused’s youth conviction was excluded due to its remoteness and the prejudicial impact associated with youth offences.
