The appellant appealed his summary convictions for two counts of sexual assault against a mother and daughter during acupuncture treatments.
The appeal was based on alleged errors in credibility findings, uneven scrutiny of evidence, failure to declare a mistrial due to a post-verdict civil claim, and impermissible stereotypical reasoning.
The Superior Court of Justice found that while the trial judge's credibility findings and dismissal of the mistrial application were reasonable, the trial judge erred in law by relying on impermissible stereotypical reasoning regarding the likelihood of a civil claim based on masturbation.
This error reversed the burden of proof.
The appeal was granted, the convictions were set aside, and a new trial was ordered.
