The appellant appealed his convictions for sexual assault and sexual interference.
During the hearing, the Court of Appeal discovered the Crown had proceeded summarily at trial, meaning the court lacked jurisdiction.
Because the court had already publicly dismissed the appeal on its merits, a panel judge was authorized under s. 13 of the Courts of Justice Act to sit as a Superior Court justice to hear the matter as a summary conviction appeal.
The appeal from conviction was dismissed, but the sexual assault count was stayed pursuant to the Kienapple principle, and the SOIRA order was varied to 10 years.
