In a judge-alone rape trial where the prosecution case depends solely on the complainant's word and the complainant was intoxicated, the trial judge must adequately consider the reliability of the complainant's evidence as distinct from credibility, and must make adequate findings of fact where the versions of the complainant and accused differ. The majority held that describing a witness as 'impressive' may encompass both credibility and reliability. The dissent provides a detailed framework for when inadequate consideration of reliability constitutes a miscarriage of justice, and warns against the use of stereotypical assumptions about sexual behaviour based on a complainant's asserted lack of prior sexual experience.
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