Law360 Canada ( June 23, 2026, 9:40 AM EDT) -- Appeal by appellant S.M. against his convictions for sexual assault and assault; cross-appeal by the Crown on the sentence imposed. The complainant alleged that throughout the parties’ marriage there were numerous incidents of non-consensual sexual activity and assaults. The trial judge did not accept that the sexual assaults unfolded in the manner alleged by the complainant. He found there was tension caused by the appellant’s desire for an active sex life and the difficulties experienced by the complainant during intercourse. He found there was a pattern of the appellant trying to talk her into having sex until he overcame her resistance by his persistence. The trial judge convicted the appellant of two counts of sexual assault and one count of assault, while acquitting him on another count of sexual assault and a count of uttering threats. The appellant was sentenced to 39 months’ imprisonment. The appellant said the trial judge committed legal error in the application of the law of honest but mistaken belief in communicated consent. The Crown contended the trial judge erred in his application of sentencing principles. Only Counts one and two were in issue relating to the sexual assaults. The appellant did not appeal his conviction on Count four for assault....