C. Spettigue

The appellant appealed his summary conviction and 9-month sentence for sexual assault.

The assault occurred in the workplace where the appellant was the spouse of the owner.

The appellant argued the trial judge misapprehended the evidence, improperly relied on the complainant's delayed reporting, and erred in finding post-offence conduct.

The Summary Conviction Appeal Court dismissed the appeal, finding the trial judge properly rejected the defence's reliance on sexual assault behaviour myths and had ample evidence to conclude the appellant's actions demonstrated consciousness of guilt.

The sentence appeal was also dismissed, as the 9-month custodial sentence was fit given the appellant's prior record and position of authority.

The accused applied to quash a production order and exclude hospital medical records and blood alcohol test results obtained following a fatal motor vehicle collision.

The defence argued that police improperly obtained the records through a production order under s. 487.012 of the Criminal Code rather than a search warrant and that the Information to Obtain was insufficient and misleading.

The court held that the statutory standard for a production order was constitutionally valid and materially equivalent to the search warrant standard, and that the issuing justice could reasonably have been satisfied that the statutory prerequisites were met.

Any inaccuracies or omissions in the Information to Obtain were found to be inconsequential and not misleading.