The offender, a youthful first offender with a traumatic background, was convicted of sexual assault after having unprotected intercourse with the complainant based on an unreasonable mistaken belief in consent.
The court found his moral blameworthiness to be lower than typical major sexual assaults, noting his intoxication and immediate cessation upon realizing the complainant's distress.
Balancing denunciation and deterrence with rehabilitation, the court sentenced the offender to one year of incarceration followed by one year of probation, along with mandatory ancillary orders.
