The Crown applied to admit similar act evidence of alleged sexual misconduct by the accused towards another complainant.
The accused had previously been tried and acquitted of the charges relating to that other complainant, although the trial judge in that case noted the allegations were likely true on a balance of probabilities.
The court dismissed the Crown's application, holding that the doctrine of issue estoppel prevents the Crown from re-litigating an issue determined in the accused's favour in a prior criminal proceeding, even if decided on the basis of reasonable doubt.
Admitting the evidence would violate trial fairness and judicial finality.
