The accused, charged with sexual offences against three foster children, brought an application under section 276 of the Criminal Code to cross-examine one of the complainants about prior sexual abuse by her mother's partner.
The defence sought to adduce this evidence to provide context for the complainant's statements, explore her credibility regarding her relationship with her foster mother, and establish a possible motive to fabricate related to a Criminal Injuries Compensation Board award.
The Crown consented to the limited cross-examination.
The court found the evidence relevant and its probative value significant, not outweighed by the danger of prejudice, and granted the application for limited cross-examination.
