The appellant, a medical doctor, appealed his conviction for sexual assault against a patient during a breast examination.
The appeal was based on two grounds: inadequate jury instructions regarding the appellant's defence, and improper instructions to the triers during the challenge for cause based on racial bias.
The Court of Appeal allowed the appeal and ordered a new trial, finding that the trial judge failed to properly instruct the triers on their task and procedure.
The Court also noted significant deficiencies in the trial judge's failure to review the evidence supporting the appellant's defence that the examination was conducted for a medical purpose.
