The appellant, Christopher Husbands, appealed his conviction for sexual assault.
The appeal raised four grounds: misapprehension of evidence, failure to consider mistaken belief in consent, insufficient reasons for rejecting the accused's evidence, and uneven scrutiny of evidence.
The court dismissed the appeal, finding no misapprehension of evidence, no air of reality to the mistaken belief in consent defence given the accepted facts, sufficient reasons for rejecting the appellant's testimony based on inconsistencies, and no error in applying differential credibility findings as long as the same standard of scrutiny was applied.