Appeal from sexual assault conviction. W(D) case. Alleged sexual assault at knifepoint. Complainant’s damaged bra and other cut clothing was entered at trial. In accepting the complainant’s account, trial judge relied (in part) upon “this supporting evidence”.

Held: Appeal dismissed.

Trial judge did not err in rejecting the accused’s evidence. “He was satisfied that the offence of sexual assault was established beyond a reasonable doubt based upon the evidence of the complainant which was consistent with the damaged bra, her aunt’s corroborative evidence that she was wearing the appellant’s T-shirt and that she was very upset when her aunt picked her up”. Berger, JA dissented.

J. Edgett – Defence Counsel