Previous Convictions of Accused Witness (Credibility)

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.

11.4 Previous Convictions of Accused Witness (Credibility)

Note[79]

(Last revised June 2012)

[1] You have heard that (NOA) has previously been convicted of a criminal offence. You must not use the fact that (NOA) has committed a crime in the past as evidence that s/he committed the crime charged.

[2] You may consider the prior conviction(s) only to help you decide how much weight to give to (NOA)’s testimony. Consider the number, nature, and dates of prior convictions. Some convictions, for example ones that involve dishonesty, may be more significant than others. As well, an old conviction may be less important than a more recent one.

[3] A previous conviction does not necessarily make the evidence of (NOA) unbelievable or unreliable. It is only one of many factors for you to consider in your assessment of (NOA)’s testimony.

[4] I emphasize that you must not use evidence of a previous conviction to find that (NOA) is a person of bad character and therefore likely to have committed the offence charged.

[79] This instruction should be given where the only purpose of the prior convictions is impeachment. Additional instructions are required where the prior convictions are offered to rebut evidence of good character (Final 11.5), or as evidence of disposition in a joint trial (Final 11.6).