The offender was found guilty of sexual assault after engaging in consensual intercourse but violating the complainant's express condition against internal ejaculation.
The court equated this breach of conditional consent to the non-consensual removal of a condom, characterizing it as forced penetration.
Despite the seriousness of the offence, the court imposed an 18-month conditional sentence order followed by 24 months of probation, citing the offender's lack of prior record, pro-social background, and the Crown proceeding summarily.
