Appeal quashed in sexual assault case

By Graeme McNaughton/The Oshawa Express

An Oshawa man appealing his conviction in a sexual assault case has had his sentence upheld.

Tyler Perkins was sentenced to six years in prison in 2013 for sexual assault, voyeurism and two breaches of probation. Due to time spent in custody awaiting trial, Perkins had two years shaved off his sentence.

He will also be placed on a sexual offender’s list for life upon his release.

According to court documents, Perkins had choked the complainant to the point of unconsciousness while having sex with her. While she was passed out, he continued to have sex with her, while filming the whole encounter.

Perkins appealed his sentence, saying the judge in his original trial, Justice David Salmers, had not given him a fair trial for reasons, including failing to recognize that the complainant’s testimony at the preliminary inquiry was different than that provided at trial.

However, in a release stating the reasoning for upholding the conviction signed by Chief Justice George Strathy, Justice James MacPherson and Justice Mary Lou Benotto stated that the inconsistency was not enough to overturn the conviction.

“The trial judge discussed the credibility of all three witnesses in considerable detail. He stated that ‘there are reasons that cause concern with the credibility of each witness in this case, and the reliability of their testimony,’” the release reads.

“After reviewing their testimony and the problems with it, the trial judge concluded that ‘I found [the complainant’s] testimony about the choking/filming incident to be very credible and reliable.’ In similar fashion, he concluded that “I found (witness) to be very credible and reliable in her testimony about what Mr. Perkins told her about the choking/filming incident.’”

Perkins, who has a criminal record with past convictions for sexual assault, also contended that his sentence was too harsh.

However, the appeals court upheld the original justice’s decision, citing what Salmers had written about Perkins’ character.

“Mr. Perkins does not demonstrate any empathy for the victim or his previous victims. He has no remorse and no acceptance of responsibility for the current or previous offences,” he wrote. “Neither Mr. Perkins, nor any of the people who may support him after his release from custody, demonstrate any insight into his offences. Mostly, they blame his victims.”

Perkins, however, did have one and a half months taken off his sentence, citing a recent court decision in regards to how to calculate time served as a result of pretrial custody.