The appellant was convicted of sexually assaulting his wife while she was heavily medicated.
He appealed his conviction, arguing the trial judge erred in assessing his defence of honest but mistaken belief in consent under s. 273.2(b) of the Criminal Code.
The Court of Appeal found no error in law, holding that the trial judge correctly examined the circumstances from the appellant's perspective and that the complainant's credibility was not central to whether the appellant took reasonable steps to ascertain consent.
Leave to appeal was granted but the appeal was dismissed.
