The appellant appealed his conviction and 12-month sentence for sexual assault against his employee.
He argued the trial judge misapplied the W.(D.) framework by relying on R. v. J.J.R.D. to reject his evidence without identifying material flaws, effectively turning the trial into a credibility contest.
The Superior Court of Justice dismissed the appeal, finding the trial judge correctly applied the burden of proof, provided sufficient reasons for accepting the complainant's evidence, and properly rejected the appellant's evidence based on a considered acceptance of the Crown's case.
The sentence appeal was also dismissed as the 12-month term was fit given the aggravating factors, including the appellant's position of authority.