Jody H. Berkes

The applicant, a medical doctor, sought leave to appeal his summary conviction for sexually assaulting a patient.

He argued that the trial judge failed to adequately address inconsistencies between the complainant's trial testimony and her videotaped police statement.

The Court of Appeal dismissed the application for leave to appeal, finding that the case did not raise an issue of general significance to the administration of justice and that the merits of the appeal were not strong, as the trial judge's reasons sufficiently explained the basis for the conviction.

The appellant appealed his convictions for assault, unlawful confinement, sexual assault, criminal harassment, threatening, and assaulting a police officer, arising from incidents involving his ex-girlfriend.

He argued the trial judge erred in instructing the jury on credibility and reasonable doubt, failed to give a limiting instruction on disposition evidence, and that the guilty verdicts were inconsistent with his acquittal for administering a noxious substance.

The Court of Appeal dismissed the appeal, finding the jury instructions were adequate, the disposition evidence was admissible without objection, and the verdicts were not inconsistent.