The appellants appealed their convictions for sexual assault, arguing that the trial judge erred in failing to put the defence of honest but mistaken belief in consent to the jury and misdirected the jury on the issue of consent.
The Supreme Court of Canada dismissed the appeals, holding that even if the defence should have been put to the jury, the jury's conviction negatived that defence based on how the issue of knowledge of absence of consent was framed.
The Court agreed with the Ontario Court of Appeal that there was no misdirection on the issue of consent.
