The appellant, David Loucks, appealed his conviction for assault causing bodily harm.
The appeal was based on four grounds: the trial judge's misapprehension of evidence regarding the appellant's testimony, the failure to admit photographic evidence, the failure to properly scrutinize the complainant's intoxication, and the failure to appreciate the significance of the lack of blood in the home.
The appellate court found that a minor misapprehension of evidence regarding a thumb injury was peripheral to the trial judge's reasoning and did not warrant intervention.
While the exclusion of photographic evidence was an error, it did not amount to a miscarriage of justice as the conviction was based on other credible evidence.
The trial judge was found to have appropriately considered the complainant's intoxication.
The appeal was dismissed, upholding the conviction.
