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The Court of Appeal upheld a sexual assault conviction, affirming the complainant lacked capacity to consent.
The appellant appealed his conviction for sexual assault following a party at a mutual friend's home.
The appellant did not dispute that sexual intercourse occurred but claimed it was consensual.
The trial judge found the complainant was too intoxicated to consent to sexual activity and convicted the appellant.
On appeal, the appellant challenged the trial judge's findings regarding the complainant's capacity to consent, the use of a toxicology report, DNA evidence, and the consideration of his criminal record.
The Court of Appeal upheld the conviction, finding no errors in the trial judge's reasoning and dismissing all grounds of appeal.
Liquor licence suspended for 5 days by consent after illegal gaming machines found on premises.
The Registrar of Alcohol and Gaming proposed to suspend the appellant's liquor licence and add a condition after inspectors found three illegal gaming machines on the premises.
The parties presented an agreed statement of facts and a joint submission on penalty.
The Tribunal found a breach of subsection 45(1) of O. Reg. 719/90 and ordered a 5-day licence suspension along with a condition prohibiting gaming machines on the premises.
Liquor licence suspended for seven days for mistakenly breaching a condition prohibiting gaming machines.
The Registrar proposed to suspend the appellant's liquor licence for 14 days for obstructing an inspection and breaching a condition prohibiting gaming machines.
The Tribunal previously found the breach of condition proven but not the obstruction.
On the issue of sanction, the Registrar sought a 10 to 12-day suspension.
The Tribunal noted the appellant had relied on former counsel's advice that unplugged machines did not violate the condition, characterizing the breach as mistaken rather than wilful.
The Tribunal ordered a seven-day suspension.
Liquor licence condition breached by presence of gaming machines; obstruction of inspection not proven.
The Registrar proposed to suspend the appellant's liquor licence for 14 days, alleging the appellant obstructed an inspection and possessed gaming machines on the premises in breach of a licence condition.
The Licence Appeal Tribunal found that the appellant breached the condition by having two gaming machines on the premises, as the appellant admitted they were previously used for illegal gaming and had not been removed.
However, the Tribunal found the appellant did not obstruct the inspector, as the evidence did not establish on a balance of probabilities that the appellant's principal outright denied the presence of the machines.
The parties were directed to make submissions on penalty.
