APPEAL - Grounds - Miscarriage of justice

Law360 Canada (May 12, 2023, 5:38 AM EDT) -- Appeal by Blake from his convictions for sexual assault causing bodily harm, unlawful confinement, choking and uttering a death threat. Blake argued he received ineffective assistance of trial counsel. The allegations arose out of an alleged sexual assault on the complainant, who was a sex worker. The complainant alleged the sexual assault took place in the back of the appellant’s SUV. She testified she initially got into the back seat to provide paid sexual services and the sexual assault happened after that. At some point during the assault, a police vehicle drove through the parking lot. The complainant did not call out because the appellant had threatened her and told her the vehicle was soundproof. In his statement to the police, Blake agreed the complainant had been in his back seat. He said while she was speaking to him in the vehicle, she told him there was a warrant out for her arrest and she was worried about going to jail. The complainant got into the back seat because she saw the police vehicle enter the parking lot and told the appellant she did not want them to see her. The police vehicle’s entry to the parking lot while Blake’s vehicle was there was corroborated by surveillance evidence....
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