Her Majesty the Queen v. Harry Persaud Sanichar (December 6, 2012)
Case # 34720
At issue is Whether the trial judge failed to conduct a proper inquiry into the reliability of complainant’s evidence.
The respondent was convicted of rape, indecent assault, buggery, gross indecency, sexual assault, assault and assault with a weapon.
The convictions concern the physical and sexual abuse of the complainant, the respondent’s step daughter.
The abuse allegedly occurred over the span of several years when the complainant was a child.
The complainant was in her mid thirties when she testified as the Crown’s only witness.
The majority of the Court of Appeal allowed the respondent’s appeal and ordered a new trial.
The new trial was ordered on the basis that the trial judge failed to conduct a proper inquiry into the reliability of the complainant’s testimony.
It was also found that the trial judge failed apply the principles of reasonable doubt to aspects of the evidence that could have been in the respondent’s favour.