R v McNeish

The appellant in this matter was convicted of 22 counts of sexual offences against children, including maintaining sexual relationships, rape, and indecent treatment. The complainants were three young sisters aged between two and 10 during the period of offending. The appellant lived next door to the sisters and had befriended the girls and their family. The appellant accepted that the evidence relating to the counts concerning the younger two sisters was cross-admissible. However, the appellant applied at first instance for a separate trial of the counts concerning the eldest sister on the ground that the evidence in her case was not admissible in the cases concerning the younger sisters. The pre-trial hearing judge refused the application for a separate trial.

The legal issues in this matter centred around whether the counts involving the eldest sister formed part of a series of offences of the same or similar character as those involving the younger two sisters. It was also considered whether there were sufficient similarities between the offences against the eldest sister and those against the younger two sisters as to make them admissible in the proof of the other. The appellant argued that the pre-trial hearing judge erred in refusing the application for a separate trial of the counts concerning the eldest sister.

The court found that the offences against the eldest sister were similar in character to those against the younger two sisters, and that there were sufficient similarities between the offences as to make them admissible in the proof of the other. The court held that the pre-trial hearing judge did not err in refusing the application for a separate trial of the counts concerning the eldest sister. The court dismissed the appeal.

No further orders were made by the court.