The Crown appealed a Superior Court decision upholding a preliminary inquiry judge's discharge of the respondent on a charge of aggravated assault.
The Court of Appeal found that the preliminary inquiry judge committed jurisdictional error by presuming the children's evidence was true, thereby precluding consideration of other evidence, and by failing to consider the accused's post-offence conduct.
The appeal was allowed, the discharge set aside, and the matter remitted for committal.
