Consider this scenario. A person is convicted of assault and battery after an argument in a tavern. The convicted person is then sued in the civil courts by the victim of the assault for personal injury. May the victim rely upon the conviction as proof that the assault and battery occurred?
A conviction in a criminal court is admissible as prima facie evidence in a civil proceeding. This means that the conviction is considered evidence that the assault and battery did occur but the question for the court to decide is what weight, or probative value, to give to the conviction in the civil proceeding. Is the conviction conclusive evidence of the assault and battery such that the victim suing need not relitigate the issue? Or may the convicted person challenge the conviction in the civil proceeding?
There are two kinds of convictions: convictions after a trial and convictions after a guilty plea. A convicted person in a civil proceeding may argue for the right to relitigate the conviction resulting from the trial. A court will consider a number of factors in determining the issue, such as whether there was a fair criminal trial, a full opportunity to present a defence, and capable criminal counsel representing the accused. In addition, the court will consider whether there is new evidence to tender in the civil proceeding which may establish innocence or cast doubt on the conviction.
A conviction after a guilty plea generally has greater probative value than a conviction after a trial because a plea of guilty is an admission adverse in interest. However, an explanation for the reason the accused pleaded guilty may be relevant evidence in considering the relitigation issue. For example, the accused may testify that it was cheaper to plead guilty and pay the fine (if that was the sentence imposed) than to pay a lawyer to defend the criminal charge. Or, in more serious matters, the accused may testify that a quick plea of guilty was a matter of expediency to avoid possible publicity.
Accordingly, when charged with a criminal offence, a person should consider whether there is the possibility of a subsequent civil proceeding after the criminal matter has been disposed of.