The appellant appealed his convictions and sentence for three counts of assault against his on-again/off-again partner.
He argued the trial judge erred by failing to consider consent, self-defence, defence of property, and the law in Scopelliti, and by treating the assaults as domestic violence.
The Superior Court of Justice dismissed the appeal, finding that self-defence and defence of property were not raised at trial, there was no evidence of consent, the Scopelliti reference was dicta, and the evidence supported a finding of a domestic relationship.