Summary

Keywords

Criminal law — Trial — Judgments — Sexual assault — Whether the Court of Appeal erred in concluding that the trial judge relied on speculative reasoning in accepting the complainant’s evidence — Whether there was no merit to the respondent’s alternate argument regarding alleged misapprehensions of evidence, and the appropriate remedy was to restore the conviction.

Summary

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The complainant was intoxicated, and eventually passed out or fell asleep in the respondent’s bedroom. She testified that she woke up to find the respondent on top of her with his penis inside her vagina. The respondent denied having sex with the complainant. The respondent was convicted of sexual assault. The Court of Appeal allowed the respondent’s appeal, set aside the conviction, and ordered a new trial.

Lower Court Rulings