Following a judge-alone criminal trial, the court convicted the accused of sexual assault arising from a Tinder-arranged meeting in a university residence.
The central issue was consent and credibility.
Applying the W.(D.) framework, the court rejected the accused's account as untruthful, accepted the complainant's evidence that initially consensual sexual activity became non-consensual and violent, and relied in part on photographic evidence of injuries.
A mid-trial s. 276 application was allowed on a narrow basis to permit cross-examination on an alleged inconsistency regarding prior sexual history.
