The appellant appealed his summary conviction for sexual assault.
The complainant, a physically disabled woman, died before the trial concluded, and her videotaped police interview was admitted into evidence.
The appellant argued that his right to be tried within a reasonable time under s. 11(b) of the Charter was violated due to a four-year delay, that the videotaped statement was insufficiently reliable, and that the trial judge misapprehended evidence regarding digital penetration.
The Superior Court of Justice dismissed the appeal, finding no error in the trial judge's delay analysis, her admission of the hearsay statement under the principled exception, or her assessment of the evidence.
