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Former Windsor Spitfire and one-time NHL-hopeful Ben Johnson lost his appeal of his sexual assault conviction at the Ontario Court of Appeal Tuesday.

“We are not at all persuaded that the trial judge misapprehended the evidence,” said Justice David Watt in dismissing Johnson’s bid to win an acquittal or new trial.

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“There was ample evidence upon which the trial judge could conclude that the complainant could not consent to sexual activity (due to intoxication),” said Watt.

Superior Court Justice Kirk Munroe convicted Johnson and sentenced him in 2016 to three years in prison for sexually assaulting a 16-year-old girl in a washroom stall at Mynt, a now-defunct downtown Windsor nightclub, in 2013. Munroe concluded the “near comatose” girl was so intoxicated that she was unable to consent to any sexual activity.

Watt, who dismissed the appeal on behalf of the three-judge panel without hearing from appellate Crown counsel Rebecca De Filippis Tuesday, said Munroe reached conclusions based on the evidence presented at trial.