R v M, BJ

The appellant, R v M, BJ, appealed convictions for persistent sexual exploitation of his daughter, gross indecency in the presence of his two sons, and assault on his daughter and one son. The appeal was heard by Sulan, Vanstone, and White JJ. The central dispute concerned the joinder of these charges on a single information, the refusal of the trial judge to order separate trials, and the adequacy of the directions given to the jury regarding the admissibility and use of evidence across the various counts.

The legal issues before the court included whether all the charges were properly joined on one information, whether the trial judge should have ordered separate trials, and whether the evidence on some or all counts was cross-admissible. Further, the court considered whether the trial judge's directions to the jury concerning the permissible and impermissible uses of evidence on each count in relation to the other counts were adequate, and whether the jury was required to agree on particular acts comprising the sexual exploitation charge, leading to uncertainty in that conviction.

The court dismissed the appeal, finding that justice demanded the allegations of the three complainants be dealt with by one jury. The fact that the allegations stemmed from children within the same family was a significant factor favouring a single trial, as was the potential burden on the complainants and the criminal justice system of multiple trials. The court also found that the charges were inextricably linked. The judges agreed with the orders proposed and the reasons given, leading to the dismissal of the appeal.