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General Principles

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The rule in Browne v. Dunn is a rule of fairness, not a fixed or invariable rule. The rule  does not require every detail of anticipated conflicting evidence be put to a witness, but that where the conflicting evidence is material, failure to do so may have a negative impact on the accused’s credibility: R v Martin, 2017 ONCA 322 at para 8

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The trial judge has discretion to determine the extent of the applicability of the rule in any given case. 

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Where the rule in Browne and Dunn has been breached, the trial judge has substantial discretion to determine the appropriate remedy: R v Grizzle, 2016 ONCA 190 at paras 13-14

 

 

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