Appeal from a conviction for sexual assault.
The complainant, the appellant's former girlfriend, testified that she fell asleep in the appellant's bedroom and awoke to find him having vaginal intercourse with her without consent.
The appellant claimed the complainant had consented, saying she initiated the sexual activity.
The trial judge rejected the appellant's evidence and convicted him.
On appeal, the appellant argued the trial judge reversed the burden of proof, misapprehended evidence, and failed to address the defence of honest but mistaken belief in consent.
The Court of Appeal upheld the conviction, finding no reversals of burden, no material misapprehension of evidence, and that the trial judge was not obligated to address the alternative defence given the complete rejection of the appellant's version of events.