In a sexual assault trial subject to a publication ban, the central issue was consent to intercourse following consensual kissing and other sexual activity after a nightclub encounter.
The court applied the W.(D.) framework and the reasonable doubt instruction, focusing on credibility, reliability, intoxication, and whether any boundary against intercourse was clearly communicated.
Video evidence and inconsistencies in the complainant’s evidence materially undermined the Crown’s proof, while the accused’s evidence remained consistent and raised a reasonable doubt.
The accused was acquitted.
