The appellant appealed his convictions for sexual assault and forcible confinement, alleging ineffective assistance of trial counsel.
He argued that his counsel failed to properly advise him on his right to a jury trial, his right not to testify, and his right to appear in person rather than virtually.
The Court of Appeal admitted fresh evidence and found that while the failure to advise on the jury election was not established, trial counsel failed to provide competent advice regarding the appellant's right to testify and his right to appear in person.
These failures deprived the appellant of the ability to make fundamental decisions about his defence, undermining trial fairness and resulting in a miscarriage of justice.
The appeal was allowed and a new trial by judge and jury was ordered.
