The appellant appealed 13 domestic violence-related convictions, arguing the trial judge erred in applying the W.(D.) framework and in assessing the complainant's credibility.
The majority of the Court of Appeal below had upheld the convictions.
The Supreme Court dismissed the appeal, holding that the trial judge correctly instructed herself on W.(D.), that assessing complainant credibility before the accused's does not automatically reverse the burden of proof, and that credibility findings responsive to live issues at trial attract significant deference on appeal.
The Court clarified the proper use of absence of motive to lie and lack of embellishment as credibility factors, noting that lack of embellishment cannot be used to bolster a complainant's credibility but may be considered in assessing motive to lie.
