BARTON (a pseudonym) v THE KING

79 VR 182·Priest, Boyce and Kaye JJA
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79 VR 182
BARTON (a pseudonym) v THE KING DIRECTOR OF PUBLIC PROSECUTIONS v BARTON (a pseudonym) and Another Court of AppealPriest, Boyce and Kaye JJA 6 February, 11 April 2025[2025] VSCA 74Criminal law — Appeal — Conviction — Prosecution opening — Evidence — Failure of complainants to give evidence according with prosecution opening — Trial judge declined to take discrepancy into account — Whether substantial miscarriage of justice.

B pleaded not guilty to multiple charges of sexual and other offending alleged to have been committed against two complainants. He was tried on those charges before a judge alone.

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