Image of a condom. (QMI Agency)

A man who pricked holes in his girlfriend's condoms to get her pregnant will take his case to the Supreme Court of Canada.

During his trial in December 2011, court heard Craig Jaret Hutchinson wanted to have a baby with the complainant in hopes of saving their relationship, which had turned rocky in 2006 after about nine months.

In a text message cited in court documents, he admitted hat he'd "sabotaged" the condoms.

The woman, identified only as N.C., got pregnant and had an abortion.

Hutchinson was convicted of sexual assault and given 18 months behind bars, which the Nova Scotia Court of Appeal upheld earlier this month.

Because one of the five judges dissented in the decision, Hutchinson has an automatic right to appeal to the top court, said his lawyer, Luke Craggs, who confirmed his client has filed a notice to do so.

Craggs said he will challenge the provincial appeal court's interpretation of "consent."