The accused was tried for sexual assault arising from sexual intercourse with his best friend after an office Christmas party involving heavy drinking and marihuana use.
The central issue was consent, with the Crown alleging the complainant was asleep during the intercourse.
The court accepted the complainant's evidence as credible and reliable, found no evidentiary basis to infer that she awoke and consented, and applied the requirement that consent be a conscious, active agreement throughout the sexual activity.
Although the court was cautious about admissions potentially grounded in false memories, it found the remaining circumstantial evidence proved lack of consent beyond a reasonable doubt.
The accused was found guilty.
