The accused was tried on charges of sexual assault and sexual interference arising from alleged sexual activity with a complainant under 16 years of age.
Applying the W.(D.) credibility framework, the court found no basis to reject the accused's evidence that the sexual activity was consensual, and held the Crown had not proved lack of consent beyond a reasonable doubt, particularly given the complainant's memory gap and the absence of expert evidence on intoxication and capacity.
On the sexual interference count, the court held there was an evidentiary basis for an honest but mistaken belief as to age and that the Crown had not disproved beyond a reasonable doubt that the accused took all reasonable steps to ascertain age in the circumstances.
The accused was acquitted on both counts.
