The Crown appealed a Military Judge's acquittal of the respondent on a charge of sexual assault.
The trial judge found that while the complainant lacked capacity to consent due to intoxication, the respondent had an honest but mistaken belief in consent.
The Crown argued the judge's reasons were contradictory and engaged the recklessness provision in s. 273.2 of the Criminal Code.
The Court Martial Appeal Court dismissed the appeal, holding that the Crown misconstrued the judge's recitation of the prosecution's burden as a factual finding.
The trial judge's factual findings supporting the defence were upheld.
