The appellant appealed his conviction for sexual assault, arguing the trial judge misapplied the W.(D.) analysis, misapprehended his evidence, and erred in assessing the complainant's reliability given her intoxication and memory gaps.
The Superior Court of Justice dismissed the appeal, finding that the trial judge properly applied the credibility assessment principles, correctly understood the appellant's evidence as untruthful rather than a mistaken belief, and appropriately evaluated the complainant's reliability against the totality of the evidence.