Accused convicted at trial of offences including sexual assault with a weapon. Trial judge declined to grant a defence adjournment request (made near the end of trial) to determine if there was medical evidence to provide to the court regarding the accused’s penis injury and possible impact on being able to obtain an erection. Defence counsel was uncertain as to whether the evidence sought existed.
Held: Appeal dismissed.
As per Darville, the trial judge found the defence guilty of some laches, given the timing of the adjournment application. Further, no evidence that the medical evidence sought actually existed. The denial of the adjournment was reasonable, and there was no basis to interfere with the trial judge’s exercise of discretion.
D. Anderson – Defence Counsel