The respondent entered the home of a 15-year-old girl uninvited, grabbed her breasts, and made suggestive comments.
He was convicted of sexual assault at trial, but the Court of Appeal substituted a conviction for common assault, holding that sexual assault required contact with genitalia.
The Supreme Court of Canada allowed the Crown's appeal and restored the sexual assault conviction.
The Court held that sexual assault is an offence of general intent and is determined by an objective test of whether the sexual or carnal context of the assault is visible to a reasonable observer, considering all circumstances including the part of the body touched, words, and gestures.
