Supreme Court

Criminal Law

Post-trial procedure

Appeal from conviction or acquittal

Verdict was not unreasonable within meaning of s. 686(1)(a)(i) of Criminal Code

Accused was convicted of sexual assault causing bodily harm. It was admitted that accused engaged in anal intercourse with complainant who had no independent memory of event. Crown’s case was composed of complainant’s assertion that she would never engage in anal intercourse, series of texts and conversations between her and accused, her testimony as to her condition after event, photographs of bruising to body and doctor’s evidence regarding injuries. At trial, accused claimed it was complainant who initiated vaginal sex with him in front seat of car and that he was nervous about having sex in public place and that he did not want to have anal intercourse, claiming he thought it was dirty, but eventually agreed to complainant’s request. Accused was not successful in appeal of conviction. Accused appealed. Appeal dismissed. Trial judge did not reach decision by illogical or irrational reasoning process, and verdict was not unreasonable within meaning of s. 686(1)(a)(i) of Criminal Code.

R. v. Olotu (2017), 2017 CarswellSask 74, 2017 CarswellSask 75, 2017 SCC 11, 2017 CSC 11, Karakatsanis J., Wagner J., Gascon J., Côté J., and Brown J. (S.C.C.); affirmed (2016), 2016 CarswellSask 453, 2016 SKCA 84, Jackson J.A., Whitmore J.A., and Ryan-Froslie J.A. (Sask. C.A.).

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