R v SSF

Decided: 2026-10-30. Docket: 2401-0064A. Citation: 2026 ABCA 350 (CanLII). Criminal and statutory offences — Sexual assault — Appeal from conviction — Conviction for sexual assault contrary to Criminal Code, s. 271 — Complainant withdrew consent and appellant did not stop — Trial judge found actus reus and mens rea proven beyond a reasonable doubt — Appeal dismissed | Procedure — Appeal — Fresh evidence — Whether new evidence should be admitted after ineffective assistance claim withdrawn — Palmer v The Queen criteria, evidence could have been adduced at trial — Evidence cannot be tested by cross-examination and trial judge could not assess credibility — Application dismissed | Procedure — Appeal — Reasonable apprehension of bias — Whether trial judge’s admonishment of appellant’s disrupti