The accused, a chronic alcoholic, sexually assaulted a 65-year-old woman who was confined to a wheelchair.
At trial, he argued that he was in a state of extreme intoxication akin to automatism and lacked the minimal intent required for the general intent offence of sexual assault.
The trial judge acquitted him, but the Court of Appeal overturned the acquittal based on the Leary rule, which precluded intoxication as a defence to general intent offences.
The Supreme Court of Canada allowed the appeal, holding that the strict application of the Leary rule violates sections 7 and 11(d) of the Charter.
The Court established that evidence of extreme intoxication akin to automatism or insanity can be considered to negate the minimal intent required for general intent offences, though the burden of proof rests on the accused on a balance of probabilities.
