H.D. v. The State

The appellant was charged with the rape and indecent assault of a three-year-old girl (“the complainant”). He pled “not guilty” to both counts but was convicted on the first count and sentenced to 14 years’ imprisonment. The trial court acquitted the appellant on the second count. On appeal, the appellant argued that (a) the charge did not contain adequate particulars of the date and time of the alleged crimes; (b) the degree of the injuries to the complainant made it doubtful that he could have raped her; and (c) the cautionary rule was not correctly applied when the trial court reviewed the complainant’s evidence. The Supreme Court confirmed that the trial court was not only aware of the risks associated with the evidence presented by a sole young witness, but also exercised appropriate caution in considering the complainant’s evidence. It further found that the evidence presented at trial, including testimony by the complainant’s mother and older sister provided sufficient details to uphold the conviction. The appeal was accordingly denied.



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