Fresh DNA evidence identifying another person as having had sexual intercourse with a complainant does not necessarily give rise to a significant possibility of acquittal where the complainant's identification of the accused rests on recognition evidence at close range, immediate complaint, and photographic identification. Tactical decisions made by defence counsel at trial to prevent the Crown from advancing a 'two man theory' may limit the forensic advantage available on appeal from fresh evidence confirming that theory.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.