Where an accused gives evidence at trial inconsistent with a prior account given to police, the prosecution may cross-examine on the inconsistency to attack credit without reversing the onus of proof. However, cross-examination challenging an accused to explain why they did not call for documents or issue subpoenas is impermissible. In sentencing for white collar crimes involving systematic fraud, good character and lack of prior dishonesty are common features of such offenders and do not carry the same mitigatory weight as they might for other offences.
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