R. v. Hutchinson

R. v. Hutchinson

Where evidence is capable of supporting a reasonable inference that the accused dishonestly sabotaged contraception and thereby exposed the complainant to a significant risk of serious bodily harm from pregnancy or its termination, consent is vitiated and committal to trial for aggravated sexual assault is proper under the Sheppard/Cuerrier framework.

Citation
2008 NSPC 79
Parties
Crown: Her Majesty the Queen; Accused: Craig Hutchinson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 July 2008
Procedural Posture
Criminal Aggravated Sexual Assault / Preliminary Inquiry Committal Decision
Outcome
Accused committed to stand trial for aggravated sexual assault
Legal Topics
Committal to Trial, Consent Vitiated by Fraud, Aggravated Sexual Assault, Preliminary Inquiry, Cuerrier Doctrine
Source Language
English
Criminal Law Sexual Offences Evidence Committal to Trial Consent Vitiated by Fraud Aggravated Sexual Assault Preliminary Inquiry Cuerrier Doctrine

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Parties

Her Majesty the Queen

Crown

Craig Hutchinson

Accused

Procedural Posture

Criminal Aggravated Sexual Assault / Preliminary Inquiry Committal Decision

Legal Issues

  1. 1 Whether deceit about condom integrity vitiates consent under s.265(3)(c) Criminal Code
  2. 2 Whether pregnancy and/or abortion risks constitute a significant risk of serious bodily harm
  3. 3 Whether evidence is sufficient for committal to trial for aggravated sexual assault under s.273(2)(b)

Ratio Decidendi

Where evidence is capable of supporting a reasonable inference that the accused dishonestly sabotaged contraception and thereby exposed the complainant to a significant risk of serious bodily harm from pregnancy or its termination, consent is vitiated and committal to trial for aggravated sexual assault is proper under the Sheppard/Cuerrier framework.

Court Disposition

Accused committed to stand trial for aggravated sexual assault

Orders

  • Accused committed to trial as charged