The appellant appealed summary conviction findings of guilt for sexual assault against an adult complainant and simple assault against a child arising from an incident in an apartment elevator.
The appellant argued that the verdicts were unreasonable and that the trial judge improperly rejected his evidence.
The Superior Court held that the trial judge correctly applied the credibility framework from R. v. W.(D.) and was entitled to accept the complainant’s testimony while rejecting the appellant’s inconsistent and contradictory evidence.
The appellate court emphasized the high degree of deference owed to credibility findings made at trial.
Finding no legal or factual error and concluding that the verdicts were reasonable on the evidence, the court dismissed the appeal.
