What is the test for obtaining additional disclosure from the prosecution in a sexual assault case?

[21] In this matter, there are a number of considerations. First, the request for additional disclosure was not brief and as the court found in R v. O’Bright, October 23, 1997 (August J.)a number of the items the defendant could have obtained himself. Secondly, there is no obligation to provide the full evidence of the prosecution’s witnesses to the defence. If there were, there could be no direct evidence at trial. Further, the defendant could not be surprised that the officer was going to provide evidence to the court about his failure to comply with section 159 as she was the one who laid the charge.