The NWT Court of Appeal has dismissed a Yellowknife man's appeal to have his conviction for sexual assault and uttering threats overturned.
Richard Stanley Roberts was handed a three-and-a-half-year sentence last January for sexually assaulting a sleeping woman in her home in 2014 and threatening to burn the house down if she told anyone what happened.
At the time of his sentencing in 2017, as he stood from the prisoner's box, he suddenly attempted to storm out of the courtroom.
He said he was "going home" – to his cell – cursing as he said he'd been given time for something he didn't do.
Roberts' appeal was based on the argument "the trial judge erred in law by relying on stereotypes and unproven inferences about the complainant's unlikelihood to initiate sexual contact in order to reject the evidence of the appellant," according to a memorandum of judgment released Tuesday.
He argued the judge relied on stereotypes to determine it was "implausible" the complainant
initiated "sexual encounters" with Roberts.
However, the three appeal court judges found the trial judge relied on evidence in making her decision, as
opposed to stereotypes about sexual behaviour.
"The appellant's reliance on one small portion of the decision concerning implausibility is no evidence of such an error," the memorandum states. "Moreover, the judge specifically cautioned herself that there is no stereotypical victim."
Richards also argued the trial judge unfairly weighed his level of intoxication against his credibility, compared to the complainant.
But the panel of judges concluded Roberts' intoxication was not the only reason for disbelieving him and dismissed that argument as well.
Blair MacPherson, who was the crown prosecutor at the trial, called the judges' decision to dismiss the appeal a reasonable one.
"This was the outcome that the Crown was seeking," he said, adding Roberts' argument was an interesting one he hadn't seen before.
"The defense counsel did a good job of articulating the argument, but it was our position at the end of the day that the trial judge did not make a mistake and that the conviction was one that should be upheld."
Roberts' appeal lawyer, Kent Teskey, declined to comment.