2 total
Accused found guilty of sexual assault where extreme intoxication rendered the complainant incapable of consenting.
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.
The accused was acquitted of driving over 80 because the Crown failed to call an expert toxicologist to perform retrograde extrapolation.
The accused was charged with operation of a motor vehicle with over 80 mg of alcohol in 100 millilitres of blood following a motor vehicle collision in Magnetawan, Ontario on April 25, 2016.
The Crown's evidence established the collision, the accused's impairment, and breath test results of 137 mg and 146 mg respectively.
However, the Crown conceded that the first breath sample was taken outside the two-hour statutory window required by the Criminal Code.
Without expert toxicology evidence to perform retrograde extrapolation, the court found the Crown had not proven all elements of the offence beyond a reasonable doubt and acquitted the accused.
