R v SAR

Decided: 2026-11-10. Docket: 2501-0253A. Citation: 2026 ABCA 359 (CanLII). Criminal and statutory offences — Appeal from conviction — Sexual assault — W(D) framework — Whether trial judge reversed burden of proof and presumption of innocence — Challenge to rejection of Appellant’s evidence as “did not happen” — Trial judge found Crown proved guilt beyond a reasonable doubt — No misapplication of W(D) found — Appeal dismissed | Evidence — Credibility and reliability — Common-sense inferences — Whether trial judge relied on ungrounded assumptions about consenting partners’ behaviour — Appellate review for palpable and overriding error under R v Kruk, 2024 SCC 7 — Findings characterised as common-sense, context-specific assessments grounded in the evidence — No reviewable error — Appeal dismi