The Court of Appeal upheld a sexual assault conviction, affirming the complainant lacked capacity to consent.
The appellant appealed his conviction for sexual assault following a party at a mutual friend's home.
The appellant did not dispute that sexual intercourse occurred but claimed it was consensual.
The trial judge found the complainant was too intoxicated to consent to sexual activity and convicted the appellant.
On appeal, the appellant challenged the trial judge's findings regarding the complainant's capacity to consent, the use of a toxicology report, DNA evidence, and the consideration of his criminal record.
The Court of Appeal upheld the conviction, finding no errors in the trial judge's reasoning and dismissing all grounds of appeal.
OCACourt of AppealNov 26, 2018
