The appellant, P.W., appealed his convictions for sexual interference and invitation to sexual touching, and his global sentence.
The appellant argued that the trial judge misapprehended critical evidence and erred in applying the burden of proof.
The Court of Appeal found no material misapprehension of evidence and upheld the trial judge's credibility findings, confirming the application of the R. v. W.D. test.
While the appeal against conviction was dismissed, the lifetime Sex Offender Information Registration Act (SOIRA) order was reduced to 20 years by consent of the Crown, pursuant to s. 24(1) of the Charter.
