R. v. Carter

R. v. Carter

Identity of the sexual partner is an integral part of consent; the trial judge reasonably found the complainant did not consent to intercourse with the appellant and, on the evidence, the appellant was wilfully blind and reckless and failed to take reasonable steps to ascertain consent, thereby disqualifying the honest but mistaken belief defence; the conviction was therefore reasonable and the appeal is dismissed.

Citation
2016 BCSC 7
Parties
Crown: Regina; Accused/appellant: Michael Terry Carter
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 January 2016
Procedural Posture
Criminal Appeal / Appeal From Provincial Court Conviction
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Consent, Mistaken Belief in Consent, Wilful Blindness, Recklessness, Air of Reality Test, Unreasonable Verdict
Source Language
English
Criminal Law Sexual Offences Evidence Consent Mistaken Belief in Consent Wilful Blindness Recklessness Air of Reality Test +1 more

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Parties

Regina

Crown

Michael Terry Carter

Accused/appellant

Procedural Posture

Criminal Appeal / Appeal From Provincial Court Conviction

Legal Issues

  1. 1 Did the complainant consent to sexual intercourse?
  2. 2 Was the defence of honest but mistaken belief in consent available (air of reality)?
  3. 3 Did the accused act with recklessness or wilful blindness?

Ratio Decidendi

Identity of the sexual partner is an integral part of consent; the trial judge reasonably found the complainant did not consent to intercourse with the appellant and, on the evidence, the appellant was wilfully blind and reckless and failed to take reasonable steps to ascertain consent, thereby disqualifying the honest but mistaken belief defence; the conviction was therefore reasonable and the appeal is dismissed.

Court Disposition

Appeal dismissed; conviction upheld.

Orders

  • Appeal dismissed and conviction for sexual assault under s.271 of the Criminal Code upheld
  • Publication restriction maintained under s.486.4(1) of the Criminal Code