Melissa MacDonald

The appellant appealed his summary conviction for assault, raising three grounds: that the trial judge misapprehended evidence regarding the nature and extent of the complainant's injury, that the trial judge erred by commenting on the appellant's review of Crown disclosure in assessing credibility, and that the trial judge's reasons were insufficient.

The appeal court found no palpable and overriding error in the trial judge's factual determinations, holding that the trial judge was entitled to reject the appellant's evidence that the blow was accidental and to prefer the complainant's evidence, which was corroborated by the attending officer's observation of blood on her face.

Any minor factual errors in the narrative did not result in a miscarriage of justice.

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.