An appeal against the conviction of a former bar owner in Royton for sexual assault and attempted rape has been dismissed.
Logan Galbraith, who is listed on Companies House as a former director and the majority owner of the former JLR Bar and Restaurant in Royton, was jailed for seven years and six months in July last year.
It came after a jury found the 53-year-old guilty of assault by penetration, sexual assault, and attempted rape following a trial at Manchester Crown Court.
In the early hours of July 23, 2019, Galbraith, of Watson Street, Manchester, sexually assaulted his victim in a hotel room in Manchester.
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The victim said that she had not consented to Galbraith's actions and that she tried to prevent him from committing the assault through both her words and actions.
Galbraith's defence was that the victim did consent to his actions, which included him choking her.
During the trial, Galbraith's defence team had wanted to question the victim regarding her being choked during a previous encounter, however, the trial judge had decided that these questions would not be acceptable as it was unrelated to this incident.
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After Galbraith was found guilty and sentenced, his conviction was appealed on the basis that the judge should have allowed this line of questioning to be pursued and that not allowing the defence to do so prevented a fundamental part of the defence's argument from being advanced.
The appeal was put before three judges at the Court of Appeal - Lord Justice James Dingemans, Justice Thomas Linden and Justice Neil Calver, who decided that the judge was right to not allow the victim's previous choking experiences to be brought up.
The judges therefore dismissed the appeal.
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