The appellant, A.S., appealed his conviction for sexually assaulting his wife, alleging the trial judge misapprehended material evidence and provided inadequate reasons.
The Court of Appeal found that the trial judge erred by misapprehending J.R.'s testimony regarding leg bruises, which was central to the conviction's corroboration finding.
Furthermore, the trial judge improperly relied on a prior consistent statement as corroboration.
This misapprehension of evidence constituted a miscarriage of justice.
The appeal was allowed, the conviction was set aside, and a new trial was ordered.
