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PROCEDURE - Trial judge's duties - Assessing credibility of witnesses

Friday, May 12, 2017 @ 6:55 AM  

Appeal by the accused, Martin, from a conviction for sexual assault. The accused and complainant were longstanding friends who occasionally engaged in sexual activity, but were not in a relationship. On the evening of the alleged offence, the complainant exchanged text messages with the accused and they agreed to meet. They watched a video in the accused's basement and the complainant decided to sleep on the basement couch, as she had in the past. The complainant testified that she awoke to find the accused engaged in...