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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.
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11.11 Prior Inconsistent Statements of Accused Witness

(Last revised June 2012)

[1]              If you find that (NOAW) said one thing in the witness box and something different about the same subject on an earlier occasion, this may be a factor in assessing his/her credibility.

[2]              It is for you to determine what effect any differences will have on your overall assessment of (NOAW)’s credibility. They may have a huge effect, or no effect, or somewhere in between. Not every difference is important. Consider the extent and nature of any difference. Was it on a central point or something peripheral? Consider any explanation (NOAW) gave.

[3]              Unlike statements by other witnesses, however, you may also consider (NOAW)’s earlier statement(s) as evidence of what happened, whether or not (NOAW) testified that what s/he said earlier was true. It is for you to say how much or little of what (NOAW) said earlier you will believe or rely on.

(Review relevant evidence and relate to the rule.)

[4]              As I have said to you earlier, you must find (NOAW) not guilty if you believe his/her statement(s) that s/he did not commit the offence charged.[84]

[5]              Even if you do not believe (NOAW), you must find him/her not guilty if a statement leaves you with a reasonable doubt about his/her guilt (or about an essential element of the offence charged (or an offence)).

[6]              Even if (NOAW)’s statement(s) does not raise a reasonable doubt about his/her guilt (or about an essential element of the offence charged (or an offence)), you still must acquit if after considering all the evidence you are not satisfied beyond a reasonable doubt of his/her guilt.

[84] R. v. W. (D.), [1991] 1 S.C.R. 742. This instruction is appropriate where the evidence of the accused constitutes a complete defence to the offence charged. Where the testimony of the accused will only lead to a guilty verdict on an included offence such as, based, for example on intoxication or provocation, this instruction will need to be modified.