The Role of Witness Testimony in Assault Defence Cases, Part II

Last month we wrote a blog article on the role of witness testimony in assault defence cases. But the topic is so vast, and so interesting, that we thought we would add to it here, today. Witness testimony can play a critical role in whether someone gets convicted of a crime, whether it is assault, murder, or anything else. And lawyers spend years studying how to both select and question witnesses, a skill that is as much art as science. Here below is some more information about witnesses.

Witness Types

There are different types of witnesses: regular witnesses and expert witnesses. A regular witness can testify to what that person saw or knew or what happened. The expert witness testifies to general knowledge in a subject area and may be asked to interpret different types of evidence.

So, as it applies to an assault case, a regular witness might testify that he or she heard the defendant threaten someone or saw the defendant hit someone. An expert witness, like a doctor, might testify to whether the injuries suffered by the victim are consistent (or not) with the assault described.

Witness Behaviour

Expert witnesses are happy to testify and are typically paid for their time. Regular witnesses may or may not want to testify. For example, if the defendant is a scary person, the witness may be afraid of repercussions. Either side in a criminal case, such as assault, can subpoena someone and require him or her to testify whether he or she likes it or not. If someone served with a subpoena and ignores it, that, alone, can be a criminal offence.

While a lawyer would obviously prefer to question someone who is okay to be in court, questioning a reluctant or even hostile witness can be very tricky. A hostile witness may not want to say what the lawyer wants or needs that person to say, and this situation requires a skilled and experienced lawyer to elicit the needed information. 

If you have been charged with Assault, please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law.

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.