The appellant appealed jury convictions for sexual assault and sexual assault causing bodily harm arising from two encounters with the complainant, and sought leave to appeal a total five-year penitentiary sentence.
The court rejected challenges to the admissibility of expert medical evidence on sexual assault-related injuries, the provision of transcripts to the jury, the charge on credibility, mens rea, bodily harm, and the reasonableness of the verdict.
Although the trial judge erred in failing to instruct the jury that consent is vitiated for sexual assault causing bodily harm only where the accused both intended and caused bodily harm, the court held that no substantial wrong or miscarriage of justice occurred on the evidence.
Leave to appeal sentence was granted, but the sentence appeal was dismissed.
