CR
The evidence of the child witnesses was received contrary to mandatory statutory requirements, rendering it illegal and expunged. The remaining evidence was insufficient to sustain a conviction. A retrial was not warranted as it would allow the prosecution to fill evidentiary gaps, contrary to established principles. The conviction and sentence were quashed and the appellant ordered released.
Source excerpt
- Indecent assault
- Competency of child witnesses
- Voire dire procedure
- Retrial principles
- Procedural irregularity