The accused was charged with sexual assault following an incident on October 25, 2010.
The complainant, a 28-year-old woman with mental health conditions, alleged that the accused engaged in sexual intercourse with her without consent after she repeatedly said "no" to his advances.
The accused, a 43-year-old man with schizophrenia, claimed the complainant acquiesced to sexual activity.
The court found the accused guilty, accepting the complainant's evidence that she did not consent and rejecting the accused's testimony as inconsistent with his police admissions.
The judgment provides comprehensive analysis of the actus reus and mens rea elements of sexual assault, including the requirement for affirmative communication of consent and the rejection of the defence of honest but mistaken belief in consent based on silence or ambiguous conduct.
