The accused was convicted at trial of sexual assault and sexual exploitation of a person with a disability.
The summary conviction appeal court quashed the convictions and ordered a new trial, finding the trial judge had drawn an impermissible adverse inference against the accused's right to silence.
The Crown appealed.
The Court of Appeal allowed the appeal, holding that the appeal court justice misinterpreted the trial judge's reasons, which, when read in context, permissibly inferred that the accused and his wife manipulated the complainant into fabricating evidence.
The convictions were restored.
