The defendant was convicted of sexual assault and sexual interference.
Prior to sentencing, defence counsel brought an application to re-open the trial to make further legal argument regarding a close-in-age exception under section 150.1 of the Criminal Code.
The application was based on the defendant's statement to police indicating he believed the complainant to be 15 years old.
The court dismissed the application, finding that the circumstances were not exceptional and that the argument could have been made at trial.
The court also found that even if the application had been granted, there would be no air of reality to the mistake-in-age defence.
