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Court of Appeal dismisses an appeal against conviction for multiple counts of sexual assault and rape, affirming the trial court's decision to try the counts together and to admit evidence from an additional witness, where the appellant, convicted of abusing two nieces and a nephew, had argued for severance of the indictment and exclusion of evidence from a witness not directly involved in the charges, but the court found that the similarities in the allegations, the exploitation of the children's desire to play games, and the lack of collusion among the complainants justified a joint trial; and the evidence from the additional witness was deemed highly probative as it supported the credibility of one of the complainants and was central to a core issue in the case.
Court of Appeal - sexual assault - rape - child abuse - joint trial - severance of indictment - presumption of doli incapax (presumption of incapacity) - probative value - prejudicial effect - Criminal Law (Rape) (Amendment) Act 1990 - Criminal Justice (Administration) Act 1924 - evidence admissibility - game-playing strategy - independent witness - corroboration - credibility.
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