Accused and complainant met at social gathering at mutual friend’s home. Complainant fell asleep on couch. Trial judge found accused engaged in sexual intercourse with complainant while she slept, without her consent, knowing that she was not consenting. Accused was convicted of sexual assault and sentenced to incarceration of 30 months. Accused appealed conviction and sought leave to appeal sentence. Appeal dismissed. Leave to appeal sentence granted. Appeal of sentence dismissed. Trial judge’s credibility analysis was reasonable and supported by evidence, she properly instructed herself, and she did not improperly shift burden of proof onto accused. Forensic evidence was neutral. There was no basis to interfere with sentence, which was within range.
R. v. Sanderson (2016), 2016 CarswellOnt 18094, 2016 ONCA 866, Alexandra Hoy A.C.J.O., Doherty J.A., and K. van Rensburg J.A. (Ont. C.A.).