An appellate court may view recorded evidence of a complainant where gestures made during the recording are significant to proof of an element of the offence and can only be discerned visually, following Pell v The Queen. The COVID-19 pandemic, an offender's vulnerability to the virus due to age and medical conditions, and the more onerous conditions of incarceration (including suspension of visits) are relevant factors on re-sentencing. Evidence from a calendar showing the accused was absent on some Friday nights does not establish an alibi where the indictment specifies a range of dates and the prosecution is not required to prove the offence occurred on any particular night.
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