What is the effect of discretion of the Court of Appeal in dealing with allegations of sexual assault in a sexual assault case?
British Columbia, Canada
The following excerpt is from R. v. G.C.Z., 2015 BCSC 684 (CanLII):
Wilson J. also added: . . . the discretion should only be exercised after weighing what I have referred to as the "two competing and frequently conflicting concerns" of fair treatment of the accused and society's interest in the admission of probative evidence in order to get at the truth of the matter in issue: see Clarkson v. The Queen 1986 CanLII 61 (SCC), [1986] 1 S.C.R. 383, at pp. 392-93… [para. 37].
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