The appellant appealed his convictions for sexual interference, invitation to sexual touching, and sexual assault.
At trial, the Crown introduced highly prejudicial statements the appellant made to a probation officer during a pre-sentence report interview following a guilty plea that was later withdrawn.
The trial judge also permitted the complainant's mother to testify about prior consistent statements and instructed the jury they could be used to support the complainant's credibility, despite no allegation of recent fabrication.
The Court of Appeal allowed the appeal, finding the admission of the probation officer's evidence rendered the trial unfair and the jury instructions regarding the mother's evidence were erroneous.
A new trial was ordered.