The appellant appealed a sexual assault conviction and a nine-month custodial sentence arising from brief acts of sexual intercourse where consent was the sole live issue.
The court held that the trial judge's findings, including the appellant's own admissions, confirmed a lack of consent in relation to the second sexual act.
The conviction appeal was dismissed.
However, given the appellant's youth, lack of record, family support, the short duration of the acts, and the absence of a need for probation, the sentence was found excessive and reduced to six months.
