In a judge-alone criminal trial arising from alleged abuse within a household, the court convicted one accused of sexual assault, sexual interference, forcible confinement, assault, assault with a weapon, and choking, and convicted the other accused of assault with a weapon, choking, forcible confinement, and assault.
The central issue was whether the complainant's evidence, given years after the events and marked by delayed and incremental disclosure, was credible and reliable.
Applying the reasonable doubt standard and appellate guidance on assessing adult testimony about childhood trauma, the court held that peripheral inconsistencies, recovered memories, and delayed disclosure did not undermine the core reliability of the complainant's account.
Corroborative evidence from siblings and other witnesses supported the pattern of abuse, and the defence evidence was rejected where it minimized the incidents.
