The appellant, A.B., appealed his convictions for sexual assault, sexual interference, and invitation to sexual touching against his stepdaughter, and the imposed seven-year sentence.
The conviction appeal grounds included the trial judge's assessment of the complainant's credibility, alleged failure to assess motive to fabricate, failure to address material inconsistencies, and material misapprehension of evidence.
The Court of Appeal dismissed the conviction appeal, affirming the trial judge's findings and deference to credibility assessments.
The sentence appeal argued that the trial judge erred in imposing a sentence exceeding the Crown's request (five years) without prior notice or opportunity for submissions, and that the sentence was unfit.
The Court of Appeal found an error in principle regarding the lack of notice for the increased sentence, per R. v. Nahanee, and reduced the sentence to five years imprisonment, finding it sufficient for denunciation and deterrence.