R. v. Azim

R. v. Azim

The court accepted as proven that on April 13, 2019 the accused had unprotected sexual intercourse with E.M., that she did not voluntarily consent and lacked capacity due to advanced intoxication; the court was not satisfied beyond a reasonable doubt that she was unconscious during intercourse or that the accused knew she lacked consent, but concluded the accused was plausibly reckless or wilfully blind and failed to take reasonable steps to ascertain consent; given the seriousness of unprotected intercourse with an intoxicated, non‑consenting roommate victim, remorse, first‑time offender status, and impact on the victim, a custodial sentence of 21 months plus three years probation with...

Citation
2023 BCSC 482
Parties
Prosecution: Rex (Crown); Accused: Alifaisal Azim; Complainant/victim: E.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 March 2023
Procedural Posture
Criminal Sexual Assault / Sentencing After Jury Conviction
Outcome
Accused convicted by jury of sexual assault; sentenced to 21 months custody and three years' probation
Legal Topics
Sexual Assault, Consent, Intoxication, Jury Verdict Fact‑finding (s.724), Publication Ban (s.486.4)
Source Language
English
Criminal Law Sentencing Sexual Offences Evidence Sexual Assault Consent Intoxication Jury Verdict Fact‑finding (s.724) +1 more

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Parties

Rex (Crown)

Prosecution

Alifaisal Azim

Accused

E.M.

Complainant/victim

Procedural Posture

Criminal Sexual Assault / Sentencing After Jury Conviction

Legal Issues

  1. 1 Whether the complainant was unconscious during intercourse (aggravating fact requiring proof beyond reasonable doubt)
  2. 2 Whether the accused knew of lack of consent or was reckless/wilfully blind
  3. 3 Which facts from the trial are binding on the sentencing judge under s.724

Ratio Decidendi

The court accepted as proven that on April 13, 2019 the accused had unprotected sexual intercourse with E.M., that she did not voluntarily consent and lacked capacity due to advanced intoxication; the court was not satisfied beyond a reasonable doubt that she was unconscious during intercourse or that the accused knew she lacked consent, but concluded the accused was plausibly reckless or wilfully blind and failed to take reasonable steps to ascertain consent; given the seriousness of unprotected intercourse with an intoxicated, non‑consenting roommate victim, remorse, first‑time offender status, and impact on the victim, a custodial sentence of 21 months plus three years probation with...

Court Disposition

Accused convicted by jury of sexual assault; sentenced to 21 months custody and three years' probation

Orders

  • Custodial sentence of 21 months imposed
  • Three years probation imposed