R. v. Archer

Parties

Procedural Posture

Criminal Sexual Assault (s.271 Criminal Code) / Trial — Judgment/decision

Legal Issues

1. 1 Whether the accused committed sexual assault contrary to s.271 of the Criminal Code
2. 2 Whether the complainant voluntarily consented to the sexual activity
3. 3 Whether the defence of honest but mistaken belief in communicated consent had an air of reality

Ratio Decidendi

On the whole of the evidence the trial judge accepted the complainant's account, rejected the accused's account as not credible, found the accused failed to take reasonable steps to ascertain consent and was reckless or wilfully blind; therefore s.273.2 precluded the honest but mistaken belief defence and the Crown proved beyond a reasonable doubt that the accused committed sexual assault on the hilltop and in the car; the contemporaneous text message was excluded as its limited probative value was outweighed by prejudicial effect.

Court Disposition

Guilty

Orders

• Accused found guilty of sexual assault contrary to s.271 of the Criminal Code
• Evidence of the complainant's contemporaneous text message excluded as having limited probative value outweighed by prejudicial effect