Jennifer Anne Lorraine Dagsvik

The appellant appealed his conviction for sexual assault by a judge sitting alone.

The complainant alleged that on October 16, 1992, after a night of drinking, she awoke to find the appellant having intercourse with her.

DNA evidence established that the appellant was the father of the complainant's child, confirming intercourse had occurred.

The central issue at trial was whether the complainant had consented.

The appellant argued the trial judge relied on a Crown misstatement of evidence regarding similar language used by both parties about the sexual act.

The Court of Appeal dismissed the conviction appeal but allowed the sentence appeal, reducing the sentence from four years to three years, finding the trial judge had improperly treated the appellant's absence of remorse as an aggravating factor.

The appellant was convicted of two counts of sexual assault, one count of invitation to sexual touching, and one count of touching for a sexual purpose against a child victim aged 9-11 years old.

On appeal, the appellant challenged the trial judge's credibility findings and alleged errors in the assessment of evidence.

The Court of Appeal dismissed the conviction appeal, finding that the trial judge's findings were properly grounded in the evidence as a whole and that no reversible error occurred.

The sentence appeal was allowed in part, with the victim surcharge being set aside.

The Crown appealed the acquittal of Jennifer Siemens on a charge of operating a motor vehicle while impaired by drug.

The central issue was whether the trial judge erred by asking if the accused's driving was a "marked departure" from that of an ordinary driver.

The Superior Court dismissed the appeal, finding that the trial judge's reasons indicated the evidence of impairment was too frail to establish guilt beyond a reasonable doubt, consistent with the principles that slight deviation from normal conduct is insufficient for conviction.