HALIFAX - A Nova Scotia man convicted of sexual assault for trying to trick his girlfriend into becoming pregnant by poking holes in her condoms has lost his appeal.
Craig Jaret Hutchinson was given an 18-month prison sentence in December 2011 after his trial heard that he pricked his girlfriend's condoms with a pin in 2006 so she would get pregnant and not break up with him.
The Halifax-area woman became pregnant and had an abortion, but she later suffered an infection of her uterus that was treated with antibiotics.
Hutchinson later filed an appeal, arguing that the Nova Scotia Supreme Court's sentence was harsh and excessive and that the woman voluntarily consented to having sex with him.
But in a majority decision released today, the provincial Court of Appeal ruled that the sentence was not unfit and the trial judge was correct to conclude that the woman did not consent to having unprotected sex.
Hutchinson was granted bail pending his appeal and is back in custody.
His lawyer, Luke Craggs, says he is considering an appeal with the Supreme Court of Canada.