The appellant Crown appealed a Saskatchewan Court of Appeal decision that had set aside a conviction for sexual assault on the basis that the trial judge applied uneven scrutiny to the credibility of the accused compared to the complainant.
The Supreme Court declined to decide whether uneven scrutiny constitutes an independent ground of appeal or a separate and distinct error of law.
The Court found no error in the trial judge's credibility assessment that would have warranted intervention on appeal.
The appeal was allowed and the matter remitted to the Court of Appeal to address the remaining grounds of appeal not considered by the majority below.
