The Crown prosecuted three accused on sexual assault charges arising from sexual activity in a hotel room after a night of drinking among off-duty colleagues.
The central issues were whether the complainant consented and whether she was incapable of consenting because of alcohol, an unknown drug, or both.
The court applied the reasonable doubt framework and the W.(D.) approach, finding serious reliability and credibility problems in the complainant's evidence, including inconsistencies with prior statements, video footage, text messages, and toxicology evidence.
Although sexual activity was established, the Crown failed to prove non-consent or incapacity beyond a reasonable doubt.
All three accused were acquitted.
