Patrick Leckey

The applicant sought leave to appeal a decision of the Summary Conviction Appeal Court that had dismissed his appeal from conviction.

The Court of Appeal dismissed the application, finding that the proposed appeal had no merit and raised no issues of significance to the administration of justice beyond the facts of the case.

The appellant appealed a summary conviction appeal court decision that upheld his conviction.

The Court of Appeal found that the trial judge erred by taking into account evidence that ought not to have been considered when making an adverse credibility finding.

Given that it was a close case, the conviction was set aside and a new trial was ordered.

The appellant, a taxi driver, was convicted of sexually assaulting a passenger who was confined to a wheelchair.

The trial judge convicted the appellant, stating he found the accused's evidence incredible based on the complainant's believability.

The summary conviction appeal was dismissed.

On further appeal, the Court of Appeal allowed the appeal and ordered a new trial, finding that the trial judge failed to provide adequate reasons for rejecting the appellant's evidence as required by Sheppard.