In a judge-alone criminal trial involving intrafamilial allegations of sexual and physical abuse, the court assessed the evidence under the W.(D.) framework and the beyond-a-reasonable-doubt standard.
The court accepted the evidence of the complainants describing grooming, coercive control, repeated sexual touching, attempted penetration, assaults, choking, and threats, and rejected the defence theory of collusion and fabrication motivated by family conflict.
The court found that the accused used his position of authority within the family to isolate and control the complainants and that the chair placed at the bedroom door established forcible confinement.
The accused's evidence was found evasive and unreliable, including on his claimed physical limitations and his role in the family.
Convictions were entered on all eight counts.
