Accused charged with “gang” sexual assault. Allegation that client and co-accused both sexually assaulted complainant at a party. Complainant and witness both testified to assault, client and co-accused testified to consensual sexual activity.
Held: While accused’s testimony was disbelieved by the trial judge, the Court could not be satisfied beyond a reasonable doubt that an offence had occurred due to several inconsistencies and other weaknesses in the Crown’s witnesses’ testimony.