The appellant appealed his convictions for assault and uttering a threat against his wife.
At trial, the judge relied on a letter written by the complainant's family law lawyer to the appellant's lawyer, which referenced a history of violence, to confirm the complainant's allegations and bolster her credibility.
The Court of Appeal held that the statements in the letter were hearsay and not admissible for the truth of their contents.
Because the trial judge impermissibly used the letter to confirm the history of violence, the Court of Appeal allowed the appeal, set aside the convictions, and ordered a new trial.
