The appellant appealed his conviction and sentence for sexual assault against a nine-year-old complainant.
The Court of Appeal found the trial judge's reasons for both conviction and sentence to be inadequate.
However, the conviction was upheld because the appellant's own testimony admitted to an act of fellatio, and his explanation that the child initiated it while he slept was rejected as incapable of belief.
Because the trial judge's factual findings regarding other sexual acts were unclear, the Court of Appeal proceeded on the basis of a single act of fellatio.
The appeal from sentence was allowed, and the sentence was reduced from four years and seven months to 15 months, taking into account seven months of pre-sentence custody.