David C. Marriott

The appellant appealed his conviction for sexual assault.

The Supreme Court of Canada found that the trial judge misapprehended the DNA evidence by assuming the complainant's DNA was found on the inside of the appellant's trousers, a finding unsupported by the record.

As this misapprehension was central to the trial judge's finding of guilt, the appeal was allowed, the conviction vacated, and a new trial ordered.

The appellant appealed his convictions for attempted murder and weapons offences, arguing that as an unrepresented accused, he did not receive a fair trial.

The Supreme Court of Canada dismissed the appeal from the bench, agreeing with the majority of the Alberta Court of Appeal that the accused had a fair trial.