The appellants, David Case and Celine Loyer, appealed their convictions for sexual assault, arguing the verdicts were unreasonable due to the complainant's "flashback" memory being unreliable.
The majority of the Court of Appeal dismissed the appeals, finding the trial judge's assessment of the complainant's memory and the confirmatory evidence to be reasonable and not fundamentally flawed.
The dissenting judge would have ordered a new trial, concluding that the trial judge's reasoning regarding the reliability of the "sleeping flashback" was circular and illogical, and that the confirmatory evidence was overstated.
Both sentence appeals regarding a no-contact condition were also dismissed.