The appellant, Aayush Choudhary, appealed his conviction for sexually assaulting a 16-year-old complainant.
He argued the trial judge erred by excluding evidence of other sexual activity under s. 276 of the Criminal Code, failing to resolve material inconsistencies in the complainant's evidence, and misapprehending material evidence.
The Court of Appeal for Ontario dismissed the appeal, upholding the trial judge's decision that the "kitchen incident" sexual activity was distinct from the charged offence and properly screened under s. 276.
The court found no material inconsistencies in the complainant's testimony and concluded that any misapprehensions of evidence by the trial judge were inconsequential to the conviction, as the complainant had verbally communicated non-consent.
