Dr. Jacqueline Parker

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.

The appellant was convicted of first-degree murder in the death of his wife.

The Crown's case was circumstantial, alleging the appellant raped and murdered the deceased.

On appeal, the appellant argued the verdict was unreasonable based on medical evidence regarding the time of death, and challenged the admissibility of expert evidence concerning genital injuries and a blood letter written in Chinese characters.

The Court of Appeal dismissed the appeal, finding the verdict was reasonable as the medical evidence did not exonerate the appellant, and the expert evidence was properly admitted.