The accused was charged with sexual assault following an alleged incident at a co-worker's birthday celebration.
The complainant had significant memory gaps due to intoxication and alleged she was sexually assaulted while unconscious or incapable of consenting.
The accused denied the allegations, providing a substantially different account of events.
The court applied the W. (D.) framework and found that while the complainant's evidence regarding the kissing incident was credible, the accused's alternative account was plausible and could not be rejected based on the evidence presented.
The Crown failed to establish guilt beyond a reasonable doubt, and the charges were dismissed.
