The appellant, a police officer, appealed his convictions and 30-day sentence for assault and sexual assault committed during a roadside stop.
He argued the trial judge erred in dismissing his section 11(b) Charter application for unreasonable delay, misapprehended evidence, and provided after-the-fact justification for the convictions by releasing reasons five months later.
The Superior Court of Justice dismissed the conviction appeal, finding no palpable error in the delay calculation or credibility findings, and no evidence rebutting the presumption that the reasons reflected the trial judge's actual reasoning.
The sentence appeal was granted in part, upholding the 30-day jail term but varying it to be served intermittently on weekends.
