The appellant appealed from conviction and sentence for sexual interference and sexual assault.
The trial judge found the appellant guilty based on evidence of sexual touching during a car ride, while acquitting on two other alleged incidents due to reliability concerns.
On appeal, the appellant challenged the trial judge's use of prior consistent statements (text messages) to assess credibility and reliability, and his application of the W.(D.) framework and the rule in Browne v. Dunn.
The appellant also appealed the sentence of 21 months custody, arguing the trial judge erred in finding a position of trust, misapplying sentencing principles, and refusing to impose a conditional sentence.
The appellate court dismissed all grounds of appeal and the application for fresh evidence.
