Anthony Marchetti

The Crown appealed an acquittal for sexual assault under s. 271 of the Criminal Code, alleging the trial judge misapprehended the evidence, erred in applying the law of consent, and rendered an unreasonable verdict.

The prosecution theory at trial was that the complainant was unconscious due to intoxication and therefore incapable of consenting.

The appellate judge held that the trial judge was entitled to assess the complainant’s credibility, draw common‑sense inferences about intoxication and unconsciousness without expert evidence, and conclude that the Crown had not proven lack of consent beyond a reasonable doubt.

The court also held that the Crown cannot appeal an acquittal solely on the ground that it is unreasonable absent another error of law.

The appeal was dismissed.

The offender was convicted by a jury of three counts of dangerous driving causing bodily harm and three counts of failing to remain at the scene of an accident following a road rage incident on Highway 401.

The collision caused the other vehicle to roll over, resulting in catastrophic injuries to the other driver and serious injuries to two passengers.

The court weighed the offender's terrible driving record and the egregious nature of the offence against his deteriorating physical and mental health due to Huntington's disease.

The offender was sentenced to 18 months' incarceration, a 10-year driving prohibition, and ordered to provide a DNA sample.