The appellant appealed his conviction for sexual assault, which was based on an alleged attempt to have anal intercourse with the complainant without her consent.
The Court of Appeal noted that the trial judge and counsel had not referred to this incident during the trial, and the only evidence supporting the conviction came from the appellant himself.
The Court concluded that there was no evidence of intent, rendering the conviction unreasonable.
The appeal was allowed, the conviction and sentence for sexual assault were set aside, and an acquittal was entered.