Where the Crown case on multiple counts depends entirely on the same complainant's evidence and the jury acquits on some counts, a conviction on the remaining count may be unsafe and unsatisfactory if there is no rational basis for distinguishing the complainant's evidence between counts. The presumption of doli incapax, requiring the Crown to prove beyond reasonable doubt that a child aged 10-14 had the capacity to know the act was seriously wrong, may be raised for the first time on appeal where the point would have succeeded at trial.
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