R v Kelly

The appellant, in this case, was convicted of raping a girl between the ages of six and nine years old. The complainant was the only witness for the prosecution, providing pre-recorded oral testimony and recounting preliminary complaints. The appellant, who was the complainant's babysitter at the time of the offence, did not give or call any evidence. The appellant appealed against the conviction and sentence, arguing that the verdict was unreasonable and that the sentence was manifestly excessive. The court was required to determine whether the trial judge could have accepted the complainant's evidence as honest and reliable and whether the sentence was manifestly excessive.

The court held that the appellant had failed to demonstrate that the trial judge was not open to accepting the complainant's evidence as honest and reliable. The court found that the complainant's evidence was consistent, clear, and compelling, and that there were no inconsistencies or improbabilities that would undermine its reliability. The court also held that the sentence was not manifestly excessive, noting the seriousness of the offence and the need to deter similar conduct. The court found that the sentence was appropriate and did not interfere with it.

The final orders of the court were that the appeal against conviction was dismissed, and the application for leave to appeal against sentence was also refused.