Martin C

Martin C was convicted of the rape of his 6-7 year old daughter. Evidence presented at trial showed that the complainant had been penetrated when examined in 1993, but evidence was witheld from an earlier examination that occurred in 1991 and showed that the child had not been penetrated. This meant the rape must have taken place between 1991 and 1993. Mr C did not have an opportunity to commit the offence during this time, since he was allowed only supervised visits with his daughter after 1990. This suggested that the child had been assaulted by someone else between 1991 and 1993, and on that basis the appeal was allowed and the court noted that the appellant should never have been convicted in the first place.