Client previously convicted by jury of sexual offences involving two complainants. Several errors alleged by Trial Judge in charge to the jury.
Held: Convictions vacated, new trial ordered.
Primary concern of Appeal Court was failure of Trial Judge to instruct jury as to the proper use of “other” bad character evidence. Client testified that he had engaged in a wide range of age inappropriate behaviour with the young complainants, such as lewd comments and “mooning” them but that this was within a context of “horseplay”. Trial Judge should have made clear to the jury that this bad character evidence was not the subject of the criminal charges, nor could it be used by them to conclude that the client was more likely to have engaged in the sexual touching alleged.