R. v. J.W.S.

R. v. J.W.S.

The Crown proved beyond a reasonable doubt that the complainant did not consent to sexual intercourse and to the severe biting; the accused failed to take reasonable steps to ascertain consent in circumstances where he was intoxicated, had been physically and verbally aggressive, had torn clothing and inflicted injuries, and therefore cannot rely on an honest mistaken belief in consent; accordingly the accused is guilty of sexual assault and assault causing bodily harm; possession of the knife was for a purpose dangerous to the public peace and that charge is also proven, while threats directed at the complainant were not proven.

Citation
2012 NSPC 102
Parties
Crown: Her Majesty The Queen; Accused: J. W. S.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
22 November 2012
Procedural Posture
Criminal Sexual Assault and Related Offences / Trial Verdict (decision)
Legal Topics
Sexual Assault, Consent, Honest Mistaken Belief in Consent, Assault Causing Bodily Harm, Assault With a Weapon, Uttering Threats, Illegal Possession of Weapon, Intoxication and Self Induced Impairment, Evidentiary Credibility Assessment
Source Language
English
Criminal Law Sexual Assault Consent Honest Mistaken Belief in Consent Assault Causing Bodily Harm Assault With a Weapon Uttering Threats Illegal Possession of Weapon +2 more

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Parties

Her Majesty The Queen

Crown

J. W. S.

Accused

Procedural Posture

Criminal Sexual Assault and Related Offences / Trial Verdict (decision)

Legal Issues

  1. 1 Whether the complainant consented to sexual intercourse on May 6, 2011
  2. 2 Whether the accused had an honest mistaken belief in consent
  3. 3 Whether the biting constituted assault causing bodily harm and whether a Jobidon defence applies

Ratio Decidendi

The Crown proved beyond a reasonable doubt that the complainant did not consent to sexual intercourse and to the severe biting; the accused failed to take reasonable steps to ascertain consent in circumstances where he was intoxicated, had been physically and verbally aggressive, had torn clothing and inflicted injuries, and therefore cannot rely on an honest mistaken belief in consent; accordingly the accused is guilty of sexual assault and assault causing bodily harm; possession of the knife was for a purpose dangerous to the public peace and that charge is also proven, while threats directed at the complainant were not proven.