R v KBC

In the matter of R v KBC, the appellant was convicted of nine counts of aggravated indecent treatment of a child against two complainants who were sisters. The appellant appealed the conviction, raising issues of misdirection and non-direction by the trial judge, as well as the reliability and consistency of the complainants' evidence. The court was required to decide whether the jury was misdirected and if the verdict was unreasonable or insupportable given the evidence.

The court found that the trial judge did not misdirect the jury, as the jury had been reminded of the evidence relevant to the risk of collusion between the complainants. Furthermore, the court held that it was open to the jury to convict the appellant, as the weaknesses in the evidence did not reduce its probative value to the extent that it was unreasonable to convict the appellant. The court noted that the jury had the advantage of seeing and hearing the complainants and other witnesses, which the appellate court did not have.

The appeal was dismissed, and the convictions were upheld. However, the majority opinion differed on the first ground of appeal. The majority held that the trial judge misdirected the jury when giving a comprehensive statement of the evidence on the issue of collusion between the two complainants. The minority held that the appeal should be allowed, and each of the convictions was set aside, ordering a retrial.

Date of Orders: 31 March 2023
1. The appeal is allowed.
2. Each of the convictions is set aside.
3. A retrial is ordered.