Dries v R

In Dries v R, the appellant was convicted of sexual offences following a trial at which the jury heard the prosecutor make comments about the complainant's lack of sexual experience. The appellant appealed against his convictions, arguing that the remarks were a breach of section 293 of the Criminal Procedure Act, which provides that no comment is to be made in any court on the credit of a witness that is likely to injure that witness in the estimation of the court or jury. The respondent submitted that the remarks did not constitute a breach of section 293 and, in any event, any prejudice was cured by the Crown's retraction and the trial judge's directions to the jury.

The court was required to decide whether the prosecutor's comments breached section 293 of the Criminal Procedure Act and, if so, whether the breach was cured by the Crown's retraction and the trial judge's directions to the jury. The court considered that the prosecutor's remarks were not a breach of section 293 as they did not comment on the complainant's credit in the sense of her honesty or veracity. However, the court found that the remarks were likely to injure the complainant in the estimation of the jury. The court also considered whether the Crown's retraction and the trial judge's directions to the jury overcame any prejudice caused by the remarks. The court found that the retraction and directions were sufficient to cure any prejudice caused by the remarks.

The court dismissed the appeal against conviction. The court found that the prosecutor's remarks, while not a breach of section 293, were likely to injure the complainant in the estimation of the jury. However, the court found that the Crown's retraction and the trial judge's directions to the jury overcame any prejudice caused by the remarks. The court found that the trial judge's directions to the jury were clear and sufficient to ensure that the jury did not give undue weight to the remarks. The court also found that the Crown's retraction was sufficient to cure any prejudice caused by the remarks. The appeal against conviction was dismissed.