The appellant appealed his summary convictions and sentences for two counts of sexual assault and two counts of assault with a weapon against his former spouse.
He argued the trial judge misapplied the W. (D.) framework, provided inadequate reasons, and erred in sentencing.
The Superior Court of Justice dismissed the appeal for the assault with a weapon counts and one sexual assault count, finding the trial judge's credibility assessments and reasons sufficient.
However, the court allowed the appeal and ordered a new trial for the second sexual assault count, finding the trial judge erred by concluding the appellant offered no evidence on consent when he had explicitly denied forcing himself on the complainant.
The sentence for the remaining sexual assault conviction was reduced from 10 months to 8 months.
