The accused was charged with sexual assault.
At trial, he argued that the complainant consented or that he had an honest but mistaken belief in her consent.
The trial judge refused to put the mistaken belief defence to the jury, finding no 'air of reality' to it, and the accused was convicted.
The Court of Appeal overturned the conviction.
On appeal by the Crown, the Supreme Court of Canada restored the conviction, holding that the trial judge correctly withheld the defence from the jury because there was no evidence capable of supporting an honest belief that the complainant was actually consenting at the time of the assault.
