Acquittals on some counts in a multi-count child sexual assault indictment do not necessarily undermine the complainant's credibility where the acquittals are explicable by doubts about the location or timing specified in the indictment rather than doubts about the complainant's overall truthfulness. The jury's advantage in seeing and hearing witnesses remains capable of resolving doubts about credibility even where there are significant issues such as a complainant's evidence of a non-existent physical feature on the accused. The failure of defence counsel to object to a Crown closing submission at trial is relevant to whether the submission was materially prejudicial.
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