In a pre-trial application in a sexual offence prosecution involving allegations by the accused's biological daughter, the Crown sought leave to adduce similar fact evidence from two other complainants alleging prior intrafamilial sexual abuse.
Applying the similar fact evidence framework, the court held there was no air of reality to alleged collusion or contamination among the witnesses.
The court found the proposed evidence had insufficient probative value on mens rea, context, and rebuttal of fabrication, but was highly probative on actus reus because of the unusual and aberrant nature of the alleged conduct and the significant similarities among the allegations.
The probative value on that issue outweighed the substantial prejudicial effect, and the evidence was admitted.
