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Retrial ordered in sex assault case due to judge's errors

Tuesday, April 25, 2017 @ 3:45 PM | By Tom Venetis

The Court of Appeal for Ontario ordered a new trial for a man who was convicted of sexual assault due to errors made by a trial judge in applying Browne v. Dunn.

Kristin BaileyOn June 24, 2015, Andrew Martin was convicted in the Ontario Superior Court of Justice of sexual assault and sentenced to two years’ imprisonment. Martin and the complainant were long-standing friends who had occasionally engaged in sexual activity, but never understood themselves to be in a sexual relationship.

On July 25, 2012, the...