R v Smith

In the case of R v Smith, the appellant was convicted by a jury of five counts of indecent treatment of a child under 12 years of age and sentenced to a total of twelve months’ imprisonment, suspended after four months with an operational period of two years. The appellant appealed against his conviction, raising issues concerning the adequacy of the trial judge's direction to the jury and the sufficiency of the evidence to support the conviction.

The court examined whether the trial judge's direction to the jury not to place undue weight on the complainants’ pre-recorded evidence, which they had viewed twice, was sufficient. The court considered the nature of the direction and its effect on the jury's assessment of the evidence. Additionally, the court assessed the reliability of the complainants’ evidence, noting inconsistencies, and determined whether there was a sufficiently reliable basis for the jury to be satisfied beyond reasonable doubt of the appellant's guilt.

Upon review, the court found that the direction given by the trial judge was not sufficient to ensure a fair trial. The court also found that the inconsistencies in the complainants’ evidence undermined the reliability of their testimony, leading to doubt about the appellant's guilt. Consequently, the court allowed the appeal, set aside the convictions on five counts, and entered an acquittal on those counts.

The court's final orders were to allow the appeal, set aside the conviction on each of Counts 1, 2, 3, 5 and 7, and enter an acquittal on each of the said counts.