The appellant appealed his convictions for two counts of assaulting his former domestic partner.
At trial, the judge restricted the defence's cross-examination of the complainant regarding her prior sexual history and the duration of the alleged assault, citing section 276 of the Criminal Code and the twin myths.
The Summary Conviction Appeal Court found that section 276 does not apply to common assault prosecutions and that the trial judge's restrictions materially impaired the appellant's right to make full answer and defence.
The appeal was allowed, the convictions were set aside, and a new trial was ordered.
