COURT FILE NO.: CRIMJ(P)1850
DATE: 2018 03 09
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
HER MAJESTY THE QUEEN
A. Fedak-Tarnopolsky, Counsel for the Crown
- and -
H.L.
A. Mamo, Counsel for the Accused
HEARD: September 19, 21, 22, 25, 26 and 27, 2017
REASONS FOR JUDGMENT
ADDENDUM
D.E. Harris J.
[1] Further to my decision in the above matter, dated October 17, 2017 I wish to add the following to my Reasons for Judgment.
[2] The issue with respect to the sexual assault count was framed by the parties as revolving around the complainant’s capacity to consent. However, as counsel acknowledged at the sentencing hearing, since the complainant was 14 years old and H.L. was 21, there was more than five years between them. Consent was not in law a defence to either the sexual assault or the sexual interference charges: see Section 150.1(2.1) of the Criminal Code.
D.E. Harris J.
Released: March 9, 2018
COURT FILE NO.: CRIMJ(P)1850
DATE: 2018 03 09
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
HER MAJESTY THE QUEEN
- and –
H.L.
REASONS FOR JUDGMENT
D.E HARRIS J.
Released: March 9, 2018