The accused was convicted at trial of sexual assault with a weapon after penetrating the complainant with a bamboo dildo.
The Court of Appeal substituted a conviction for sexual assault simpliciter, finding the object was not a weapon.
The Supreme Court of Canada allowed the Crown's appeal and restored the trial conviction.
The Court held that an object used in causing physical or psychological injury during a sexual assault constitutes a weapon under section 2 of the Criminal Code, even if the injury does not amount to bodily harm and the object was not specifically designed to cause injury.
