Court of Appeal dismisses an appeal against convictions for sexual and psychological assault, affirming the trial court's decision. The appellant had been found guilty of sexually assaulting a colleague and of causing her to apprehend a further assault. The appeal centered on the non-availability of CCTV footage and the trial court's refusal to adjourn the case to allow for an examination of the CCTV system. The appellant argued that the missing footage could have provided a realistic line of defense by potentially capturing the incident or by highlighting discrepancies in the injured party's testimony. However, the Court of Appeal agreed with the trial judge that the missing footage, even if it had existed, would not have been likely to capture the relevant details of the assaults or significantly impact the credibility of the injured party's testimony, given the nature of the assaults and the corroborating evidence from other witnesses.
Court of Appeal, sexual assault, psychological assault, CCTV footage, adjournment refusal, PO’C application, Non-Fatal Offences Against the Person Act 1997, Criminal Law (Rape)(Amendment) Act 1990, military barracks, trial fairness, evidence discrepancies, witness testimony, defense strategy, missing evidence, appeal dismissal.