The appellant appealed his summary conviction for sexual assault, arguing the trial judge placed undue weight on the complainant's emotional state shortly after the incident to corroborate her testimony.
The Summary Conviction Appeal Court reviewed the trial judge's credibility findings and application of the W.D. framework.
The court held that the trial judge reasonably concluded the complainant's deep distress was circumstantial evidence confirming her account of the assault.
Finding no error in the trial judge's assessment of the evidence, the appeal was dismissed.