In a judge-alone historical sexual offence trial, the court convicted the accused of sexual interference against his stepdaughter arising from incidents in the family home when she was 11 years old.
The case turned primarily on credibility and reliability, with the court applying the W.(D.) framework, rejecting stereotypical assumptions about delayed disclosure and continued association with an abuser, and accepting the complainant's explanation for memory gaps and suppression.
A private journal entry, the complainant's knowledge that the accused was circumcised, and the surrounding family dynamics supported the complainant's account.
The accused's denial was rejected, and proposed Crown expert evidence on abuse dynamics was excluded as unnecessary.
