The appellant appealed his conviction for sexual assault following a judge-alone trial.
He argued the trial judge erred in applying the W.(D.) framework, improperly found he fabricated evidence without independent proof, and wrongly drew a negative inference based on a non-existent breach of the rule in Browne v. Dunn.
The Court of Appeal dismissed the appeal, finding the trial judge properly instructed himself on the burden of proof, did not use the finding of untruthfulness as circumstantial evidence of guilt, and reasonably assessed the appellant's credibility based on embellishments during cross-examination.
