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The court upheld a sexual assault conviction but reduced the appellant's custodial sentence due to stringent house arrest conditions pending appeal.
The appellant appealed his summary conviction for sexual assault contrary to section 271 of the Criminal Code, as well as the sentence imposed.
The appellant raised two grounds of appeal against conviction: (1) that the trial judge erred in assessing his credibility by incorporating findings of bad character, thereby tainting her analysis with impermissible propensity reasoning; and (2) that the trial judge applied uneven levels of scrutiny in assessing the evidence of the complainant versus the appellant's evidence.
The appellant also appealed the 17-month custodial sentence as excessive.
The Superior Court dismissed the appeal against conviction but granted a "Downes credit" for time spent on stringent bail conditions pending appeal, reducing the custodial sentence from 17 months to 7 months, with 1 month already served, requiring the appellant to serve 6 additional months in custody.
