The Crown appealed a Court of Appeal decision that set aside the accused's conviction for attempted rape and ordered a new trial.
At trial, the judge held an in camera hearing under s. 142 of the Criminal Code and excluded evidence of the complainant's post-offence sexual conduct.
The Supreme Court of Canada dismissed the appeal, holding that the trial judge erred by excluding the post-offence conduct on the basis that it was irrelevant in principle, rather than properly weighing its necessity for a just determination of fact as required by s. 142(1).
