Oustanding Charges Against Crown Witness (Titus Instruction)

Note: Specimen jury instructions serve as a template that trial judges must adapt to the particular circumstances of each trial, not simply read out in whole. They are not designed to be delivered "as-is." More information about the use of specimen instructions is found in the Preface and A Note to Users, which you can find here.

11.34 Oustanding Charges Against Crown Witness (Titus Instruction)

Witness[127]

Titus[128]

(Last revised June 2012)

[1] (NOW) testified for the Crown. S/he is charged with (briefly describe offence charged). The trial has not yet been held.

[2] (NOW) might have an interest in testifying favourably for the Crown in this trial. Favourable testimony here may help the witness out with his/her own case later, or the witness might believe that it will do so.

[3] You should approach the evidence of (NOW) with care. When you consider how much or little of this evidence you will believe or rely on to decide this case, take into account the fact that s/he is her/himself awaiting trial on another charge. It is a factor for you to consider.[129]

[127] This instruction should only be given in relation to prosecution witnesses. See, for example, R. v. Hoilett (1991), 4 C.R. (4th) 372 (Ont. C.A.).

[128] See R. v. Titus (1983), 2 C.C.C. (3d) 321 (S.C.C.).

[129] This instruction is not intended as a substitute for a Vetrovec warning. See R. v. Vetrovec (1982), 67 C.C.C. (2d) 1 (S.C.C.). See Final 11.23.