Can a summary conviction judge appeal against a conviction for sexual assault be quashed?

8 The last sentence, it is said, reveals the third error in law. It can, however, be disposed of summarily. The direction given in MacDonald v. The Queen, supra, to an appellate court confronted with a judgment in whole or in part unsupported by articulated oral or written reasons is to have regard to the record for the purpose of determining whether there is any rational basis for concluding that the trial judge erred in appreciation either of a relevant issue or in his application of the evidence that would affect the propriety of the verdict. In this process it would be unsafe to rely upon presumptions. But in the case at bar Mr. Justice Lander stated he did have regard to all the evidence and I am not prepared to hold otherwise. Accordingly, what is left is the allegation that the appeal judge committed the same error in law as did the summary conviction judge.