1 total
Sexual assault conviction overturned due to trial judge's premature dismissal of a s. 276 application.
The appellant appealed his conviction for sexual assault, arguing the trial judge erred in her handling of a s. 276 application regarding prior sexual conversations with the complainant.
The summary conviction appeal court found that while the trial judge correctly subjected the evidence to the s. 276 regime, she erred by dismissing the application at stage 1 and failing to advance it to an admissibility hearing.
The trial judge further erred by maintaining her ruling in the face of shifting evidence at trial, which prevented the appellant from advancing a defence of honest but mistaken belief in communicated consent.
The appeal was allowed and a new trial ordered.
