Oliver Kandiyado vs The State

Key Issues

• {"issue_text":"Whether the trial court erred in accepting the evidence of the young complainant on sexual engagement","issue_type":"mixed","dispositive":"no","related_facts":"Complainant's testimony about sexual contact, her age and maturity"}
• {"issue_text":"Whether the trial court erred in not attaching appropriate weight to witness Emily Brakufesi's evidence","issue_type":"mixed","dispositive":"no","related_facts":"Witness testimony about seeing appellant and complainant in toilet"}
• {"issue_text":"Whether the trial court erred in assuming complainant had not been previously abused","issue_type":"fact","dispositive":"no","related_facts":"Condition of complainant's hymen, possibility of prior abuse"}
• {"issue_text":"Whether HIV status difference created reasonable doubt as to guilt","issue_type":"law","dispositive":"no","related_facts":"Appellant HIV positive, complainant HIV negative"}
• {"issue_text":"Whether sentence was appropriate given mitigatory factors","issue_type":"mixed","dispositive":"no","related_facts":"Appellant's age, HIV status, intoxication claim"}

Background