The appellant appealed his conviction and sentence.
On the conviction appeal, he argued the trial judge erred by failing to correct an allegation of recent fabrication made by the Crown in closing, and that the Crown's cross-examination improperly invited the jury to draw an adverse inference from the appellant's failure to call a witness.
The Court of Appeal dismissed the conviction appeal, finding the Crown's closing and cross-examination were proper, and noting the trial judge gave the standard instruction that the accused had no obligation to call evidence.
The sentence appeal was also dismissed as the sentence was within a reasonable range and not tainted by legal error.
