Where a trial judge in a judge-alone trial relies on tendency evidence, the duty to give reasons under s 133 Criminal Procedure Act 1986 requires the judge to expose the reasoning process regarding that evidence, including whether the tendency was found to be established and, if so, how it was weighed. However, even where such an error is established on a Crown appeal against acquittal under s 107 CARA, the Court retains a residual discretion to affirm the acquittal, and the nature of the error (inadequate reasons rather than failure to consider evidence), the trial judge's clear finding of reasonable doubt, the age of the offences, and the respondent's health may weigh against ordering a new trial.
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