The court tried a historic sexual assault prosecution arising from allegations that the accused sexually abused the complainant when she was a child living in a family household.
Applying the W.(D.) framework, the court held that the accused’s denial could not be rejected and that his evidence raised a reasonable doubt.
Although the complainant appeared honest and credible, the court found reliability concerns arising from the manner in which the memories were recovered, possible influence from family discussions, and contradictory evidence about later contact with the accused.
The Crown failed to prove guilt beyond a reasonable doubt, and an acquittal was entered.
