A husband found guilty of sexually assaulting his wife by a Magistrate two years ago had his appeal dismissed by the Appeals Court yesterday.

He will now be sentenced in Magistrates? Court on December 3 after two failed appeals, including one in Supreme Court.

In December 2002, the 29-year-old, who cannot be named for legal reasons, was found guilty by Acting Senior Magistrate Carlisle Greaves for the attack in the couple?s Devonshire home a year earlier.

The Magistrate said there was an argument when the husband came home at 5 a.m. and his wife accused him of being with another woman. The appellant asked for sex, hugged and held her and then grabbed her shorts when she tried to leave the bedroom.

He later approached her as she sat on the bed but the wife said if he was not ?getting enough then why did he not go back to where he had just come from?.

The appellant tried to pull down her pants while she escaped under the bed.

In the failed Supreme Court appeal, Mr. Justice Austin Ward said the Magistrate had accepted the appellant had expressed in words his desire to have his wife in a sexual context, had attempted to remove her clothing and was seen to have an erection.

Yesterday, defence lawyer Victoria Pearman said the Magistrate put the complainant?s evidence on a pedestal and, that because he hugged and touched her, didn?t mean there was there a sexual assault.

However, Appeals Court President Edward Zacca said the evidence of sexual assault was that he attempted to have sexual intercourse. Ms Pearman said: ?He never admitted that.?

To which the judge replied: ?He doesn?t have to admit that. The judge found that.?

He dismissed the appeal without hearing from Crown counsel.