Law360 Canada ( December 2, 2024, 1:42 PM EST) -- Appeal by appellant against his conviction for sexual interference and sexual assault. The complainant testified that the appellant touched her and penetrated her vaginally without her consent. The appellant admitted to attempting to have intercourse with the complainant but claimed that he failed due to his inability to achieve an erection. He denied having any sexual contact with the complainant. The trial judge found the complainant's evidence credible and rejected the appellant's testimony, citing inconsistencies between his trial evidence and his earlier statements during an interview with the police. The trial judge also rejected the appellant's claim that he was intoxicated or confused during the interview. On appeal, the appellant argued that he received ineffective assistance of counsel because his trial lawyer did not dispute the admissibility of the interview based on voluntariness or a breach of s. 10(b) of the Canadian Charter of Rights and Freedoms. He also claimed that the trial judge misapprehended evidence and improperly assessed the complainant's credibility....