The accused, on trial for multiple offences including sexual assault with a weapon and unlawful confinement, brought a motion for a directed verdict on three counts at the close of the Crown's case.
The court applied the Sheppard test to determine if there was any evidence upon which a reasonable jury could convict.
The court found no evidence supporting the sexual intent or use of a weapon during the specific acts alleged in Counts 1 and 2, amending them to lesser included offences.
However, the court found sufficient evidence of coercive restraint to leave the unlawful confinement charge (Count 5) to the jury.
The motion was granted in part.
