The accused was tried on a historical sexual assault allegation arising from an alleged first sexual encounter between spouses before their eventual marriage and long family life together.
The central issue was whether the Crown proved lack of subjective consent beyond a reasonable doubt.
Applying the W.(D.) framework, the court accepted the accused's evidence that the encounter was planned and consensual, found that version more plausible in light of the household layout and access evidence, and treated the complainant's delayed allegation and possible motive to fabricate as relevant to credibility.
The accused was acquitted.
