The appellant, a taxi driver, appealed his conviction and 30-day sentence for sexual assault of a passenger.
He argued the trial judge provided insufficient reasons regarding the complainant's reliability and improperly considered his race and religion during sentencing.
The Superior Court of Justice dismissed the conviction appeal, finding the trial judge's reasons were sufficient and clearly addressed the reliability of the complainant's evidence.
However, the sentence appeal was allowed, as the trial judge's repeated references to the appellant's ethnicity and religion breached his Charter right to equal treatment.
The sentence was vacated and a new sentencing hearing was ordered.
