Where the prosecution conducts its case on the basis that offending occurred at the times and in the circumstances depicted in CCTV footage — including by tendering stills from the footage as depicting the offending, calling a witness to identify the moments of offending in the footage, and not tendering other footage — the time and circumstances shown in the footage become a material particular which the Crown must prove beyond reasonable doubt. If the complainant's own evidence is that the offending is not depicted in the footage, the tribunal of fact must entertain a reasonable doubt. An appellate court reviewing an unreasonable verdict ground must make its own independent assessment of the evidence and not merely express satisfaction with the trial judge's findings of fact.
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