The accused was charged with sexual assault following an incident where the complainant was highly intoxicated.
The complainant had no memory of the sexual activity, but DNA evidence confirmed intercourse occurred.
The court found the complainant lacked the capacity to consent due to extreme intoxication, noting she was essentially unconscious.
The court rejected the accused's defence of honest but mistaken belief in consent, finding he knew or was reckless to the lack of consent and failed to take reasonable steps to ascertain consent.
The accused was found guilty.
