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Section 276 application in a sexual assault case granted: the court admitted DNA-related evidence and permitted questions about the complainant’s prior intercourse with her husband.
The Court of Appeal upheld the trial judge's credibility findings: the appellant's implausible and inconsistent medical/transfer explanations were reasonably rejected, the DNA results corroborated the complainant's account and were not considered in isolation, the limited adverse inferences used were proper and directed to credibility only, the collateral fact rule was correctly applied to exclude highly prejudicial or inconclusive evidence, and the finding that a knife was used was supported by the complainant's evidence and recovery of a matching knife; accordingly the convictions were affi…
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