The accused was charged with sexual assault, sexual interference with a minor, breaking and entering, and three counts of failure to comply with undertaking conditions.
The Crown proceeded by indictment on the sexual assault charge.
The central issue was consent.
The complainant, a 15-year-old girl, was highly intoxicated and largely unconscious when the accused engaged in sexual intercourse with her, including anal intercourse.
The accused admitted the sexual contact occurred but claimed the complainant consented.
The court found the complainant incapable of consenting due to her extreme intoxication and unconsciousness, and that the accused failed to take reasonable steps to ascertain consent.
The court convicted the accused of sexual assault.
