The Crown appealed the acquittal of the respondent on a sexual assault charge.
The trial judge had found that the young woman was not proven to be unconscious or incapable of consent due to drug impairment.
The Court of Appeal found that the trial judge erred in making a factual finding unsupported by evidence and in failing to consider all evidence regarding the victim's capacity to consent.
The appeal was allowed, the acquittal set aside, and a new trial ordered, as the trial judge had not made findings on the respondent's mens rea.
