The appellant appealed his convictions for sexual assault, assault with a weapon, uttering threats, and criminal harassment against his estranged spouse, as well as his 42-month global sentence.
He argued the trial judge misapprehended evidence regarding the timing of divorce proceedings and failed to properly apply the W.(D.) principles to his testimony.
He also sought to introduce fresh evidence from family court proceedings.
The Court of Appeal dismissed the conviction appeal, finding no misapprehension of evidence and rejecting the fresh evidence as it failed the Palmer test.
The sentence appeal was also dismissed, with the court affirming that the sentence was fit and that the trial judge properly considered the abusive domestic context and parental alienation as aggravating factors.
