The appellant appealed his summary conviction and 9-month sentence for sexual assault.
The assault occurred in the workplace where the appellant was the spouse of the owner.
The appellant argued the trial judge misapprehended the evidence, improperly relied on the complainant's delayed reporting, and erred in finding post-offence conduct.
The Summary Conviction Appeal Court dismissed the appeal, finding the trial judge properly rejected the defence's reliance on sexual assault behaviour myths and had ample evidence to conclude the appellant's actions demonstrated consciousness of guilt.
The sentence appeal was also dismissed, as the 9-month custodial sentence was fit given the appellant's prior record and position of authority.
