The accused was tried on a historical indecent assault charge arising from allegations that he sexually assaulted a child family member in the mid-1960s and again at a separate residence in 1968.
The court reviewed the evidence through the W.(D.) framework, emphasized the presumption of innocence, and recognized that myths about delayed disclosure and avoidant behaviour could not ground an adverse credibility finding.
However, the court found material internal inconsistencies in the complainant’s evidence, inconsistencies with other accepted evidence, and significant plausibility concerns about key aspects of the allegations.
While the accused’s evidence was not free from concern, it was sufficient, together with the deficiencies in the Crown’s case, to leave the court with a reasonable doubt.
The accused was acquitted.
