The appellants appealed their convictions and sentences for sexual assault.
The complainant had attended a hotel party where she became highly intoxicated and lost memory of the events.
DNA evidence later linked the appellants to the assault.
The appellants argued the trial judge erred in assessing credibility, misapprehended evidence of intoxication, and misapplied the burden of proof.
The Court of Appeal dismissed the conviction appeals, finding the trial judge's credibility assessments and conclusions on capacity to consent were supported by the evidence.
On the sentence appeals, one appellant's two-year sentence was reduced by one day on consent for immigration purposes, while the other appellant's two-year sentence was upheld despite his lack of a prior record, given the gravity of the offence.
