Conviction appeal on charges including sexual assault causing bodily harm. Issue as to whether trial judge erred in excluding potential rebuttal evidence of a defence witness who claimed to see two complainants go for lunch together in the midst of one of them giving evidence at trial. Defence argued possible collusion.

Held: Appeal dismissed.

There was no evidence of actual collusion. “Regardless, the Crown need not disprove the existence of collusion to obtain a conviction. A conviction can be entered notwithstanding some evidence of collusion, where credibility concerns are otherwise satisfactorily addressed such as by the existence of independent, reliable confirming evidence: R v Wheeler, 2013 NLCA 36.”

A. Millman – Defence Counsel