Appeal from conviction for arson and possession of incendiary material.
The appellant, an unrepresented accused in custody, was convicted after a two-day trial.
The appeal raised issues concerning the Crown's disclosure obligations to an unrepresented accused and the trial judge's duty to assist such an accused.
The Crown failed to ensure the appellant received a substantial disclosure package of over 500 pages containing witness statement transcripts and fire investigation photographs, which was couriered to the custodial institution but not properly communicated to the appellant.
The trial judge failed to adequately inquire into disclosure issues when they became apparent during trial.
The court found both a breach of the right to disclosure and inadequate judicial assistance, resulting in impairment of the right to make full answer and defence.
The conviction was set aside and a new trial ordered.
