The Crown appealed an acquittal for sexual assault, arguing the trial judge erred in requiring proof that the offence occurred within a specific one-hour window after the accused raised an alibi defence.
The accused cross-appealed his conviction for assault, arguing the verdict was unreasonable.
The Court of Appeal allowed the Crown's appeal, holding that the exact time of the offence was not an essential element and the alibi did not freeze the Crown's case to the time estimated by the complainant in cross-examination.
A conviction for sexual assault was substituted.
The accused's cross-appeal was dismissed, as the trial judge's treatment of the defence evidence was not inconsistent.
