Judge-alone sexual assault trial arising from intercourse after a house party where the accused admitted sexual activity but asserted it was consensual.
The central issue was subjective consent, with the complainant alleging sleep, confusion as to her partner's identity, pain, and non-consent, while the accused described a conscious, coherent, mutually initiated encounter.
The court reviewed the governing consent, capacity, and mistaken-belief authorities, including Barton, J.A., and G.F., and found significant concerns and ambiguities in the complainant's narrative while concluding the accused's evidence could not be rejected and at minimum raised a reasonable doubt.
The Crown failed to prove absence of subjective consent beyond a reasonable doubt, and the accused was acquitted.
