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The court dismissed the Crown's appeal of a sexual assault acquittal, finding no material errors in the trial judge's assessment of the evidence.
The Crown appealed the acquittal of the Respondent for sexual assault.
The appeal raised four grounds: wrongful admission and use of section 276 evidence (prior sexual activity), erroneous reliance on "implied consent" misapplication of the "de minimis" principle, and failure to apply or provide sufficient reasons regarding the decision in R. v. Chase concerning the sexual purpose of the touching.
The court dismissed all grounds of appeal, finding that while the trial judge erred in admitting certain evidence, it was not material to the acquittal, which was based on reasonable doubt regarding the sexual assault.
The court also clarified that implied consent does not apply to sexual assault and upheld the trial judge's reasoning on the de minimis principle and the application of Chase.
