R. v. Munt

R. v. Munt

On the whole of the evidence the judge accepted the complainant's account as credible and reliable, found she was incapacitated (likely drugged), lacked and did not communicate consent, and that the accused broke into her bedroom via the window and knowingly sexually assaulted her; accordingly the accused was...

Source-derived case information.

Citation
2010 BCSC 1418
Parties
Crown: Regina; Accused: Justin Ryan Munt; Complainant: Complainant (publication ban)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 September 2010
Procedural Posture
Criminal Sexual Assault and Breaking and Entering / Trial Judgment (conviction)
Outcome
Accused found guilty of breaking and entering and sexual assault (one substantive conviction); duplicate sexual assault and B&E counts stayed under Kienapple
Legal Topics
Sexual Assault, Breaking and Entering, Consent, Drug‑facilitated Assault, Publication Ban, Credibility Assessment, Kienapple Duplicity
Source Language
english
Criminal Law Sexual Offences Evidence Forensic Toxicology Sexual Assault Breaking and Entering Consent Drug‑facilitated Assault +3 more

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Summary, issues, holding and outcome

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Parties

Regina

Crown

Justin Ryan Munt

Accused

Complainant (publication ban)

Complainant

Procedural Posture

Criminal Sexual Assault and Breaking and Entering / Trial Judgment (conviction)

Legal Issues

  1. 1 Whether the complainant consented to the sexual activity
  2. 2 Whether the accused knew of or was reckless as to the complainant's lack of consent (mens rea)
  3. 3 Whether entry via the bedroom window constituted breaking and entering with intent

Ratio Decidendi

On the whole of the evidence the judge accepted the complainant's account as credible and reliable, found she was incapacitated (likely drugged), lacked and did not communicate consent, and that the accused broke into her bedroom via the window and knowingly sexually assaulted her; accordingly the accused was convicted of breaking and entering with sexual assault, and duplicate charges were stayed under Kienapple.

Court Disposition

Accused found guilty of breaking and entering and sexual assault (one substantive conviction); duplicate sexual assault and B&E counts stayed under Kienapple