Application for stay of proceedings due to late disclosure dismissed as no actual prejudice was shown.
During a trial for sexual offences, the accused applied for a stay of proceedings or a mistrial due to the late disclosure of Facebook messages and two witness statements.
The court found that the Crown and police did not deliberately withhold the evidence.
The accused was provided with the evidence as soon as the Crown became aware of it, and the defence had ample opportunity to cross-examine the witnesses on the new information.
The court dismissed the application, concluding that the accused failed to demonstrate actual prejudice to the right to make full answer and defence, and that less drastic remedies, such as an adjournment, were available but declined by the defence.
Accused found guilty of sexually assaulting his daughter after court rejects his testimony.
The accused was charged with sexual assault and sexual exploitation of his 16-year-old daughter.
The complainant testified that she awoke to her father sexually assaulting her after a night of drinking.
The accused denied the allegations, claiming he was elsewhere in the house and that incriminating Facebook messages sent from his account were authored by someone else.
Applying the W.(D.) framework, the court rejected the accused's evidence as not credible, accepted the complainant's evidence, and found the accused guilty on both counts.
