J.A. v. Her Majesty the Queen – February 22, 2011
The appellant was convicted of sexually assaulting his wife. The couple had been married for 19 years and were separated, but they both continued to live in the family home.
J.A. claimed that the sexual relations were consensual, but his wife disagreed and testified that she bit him on the finger during the assault. The appellant appealed his conviction on the grounds of the trial judge’s reliance on the complainant’s post-event demeanour. J.A. also wanted to introduce fresh evidence of a forensic dentist’s report that concluded the mark on his finger was not a bite mark.