The appellant sought leave to appeal from a summary conviction appeal court decision, arguing the trial judge committed a Harper error by failing to consider evidence suggesting his daughter was present during the alleged offences.
The Court of Appeal denied leave, finding no compelling basis to conclude the daughter was present, as both the appellant and the complainant agreed she was not.
The court held that the trial judge's failure to review every piece of evidence pointing to a different conclusion did not constitute a reversible error.
