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Appeal from sexual assault conviction dismissed; trial judge made no material misapprehension of evidence.
The appellant appealed a summary conviction for sexual assault, arguing the trial judge misapprehended evidence regarding the order the parties entered a shed, which allegedly rendered the complainant's account impossible.
The Superior Court of Justice found that the trial judge's reasons did not hinge on the order of entry and that she was entitled to accept parts of witnesses' evidence.
The court concluded there was no misapprehension of evidence material to the outcome and dismissed the appeal.
