The B.C. Court of Appeal has ordered a new trial for a man convicted of sexually assaulting a woman at a Prince George home.
In a decision issued this week, the court found the judge who found Tyler Jordan Roth guilty engaged in speculative reasoning, relied upon the fruits of an improper cross examination and failed to appreciate and resolve significant inconsistencies in the complainant's evidence.
"In their cumulative effect, the errors in principle resulted in an unbalanced scrutiny of the evidence that necessitates a new trial," a three-judge appeals court panel found.
At issue during the trial for Roth was whether the sex was consensual.
Following the verdict, Roth was sentenced in June 2019 to two years less a day in jail followed by 18 months probation. At the sentencing, Roth maintained his innocence.
