APPEALS – Grounds - Misapprehension of or failure to consider evidence - Unreasonable verdict

Law360 Canada ( April 13, 2022, 6:07 AM EDT) -- Appeal by Lapierre from his conviction and sentence on charges of sexual assault. Lapierre argued the judge improperly restricted cross-examination of the complainant, unfairly informed the complainant what to expect when her cross-examination continued, made errors in assessing inconsistencies in the complainant’s evidence, reached an unreasonable verdict, and failed to properly consider a community-based sentence. The complainant and Lapierre met online. On the date of the incident, the complainant met with Lapierre during his break from work. She said she was subjected to Lapierre’s sensual touching. Lapierre was not deterred by her continuing to tell him she was there only to talk, not for sex. The judge viewed Lapierre’s offence as a serious sexual assault. He emphasized the need for denunciation and specific and general deterrence but found the sentence required a rehabilitative aspect. He decided a sentence of twelve months’ incarceration followed by thirty months on probation properly balanced the applicable sentencing principles, including the principle of restraint....
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