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BRITISH COLUMBIA - Court of Appeal: R. v. Carroll et al., (1999) BCCA 65 |
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BRITISH COLUMBIA
Court of Appeal
BRITISH COLUMBIA - Court of Appeal: R. v. Carroll et al., (1999) BCCA 65
FACTS: The Defence was appealing a lower court ruling, which had granted the Crown's request to read aloud parts of the witness' testimony from the preliminary transcript. The testimony was deemed necessary because the witness could not remember some of the important details surrounding the events in question. An expert explained that this lapse in memory was partly a result of
FAS, from which the witness suffered.
HELD: The judge declared that the witness had been responsive and lucid at the preliminary inquiry, during which she was under oath and cross-examined. The appeal was denied.
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