R. v. MacIntosh

R. v. MacIntosh

The Court found the Crown disproved the accused's mistake of age defence by establishing he did not take all reasonable steps to ascertain age and by proving he was at least reckless and, in parts, wilfully blind as to the complainant's age and lack of consent; on that basis (and on the recordings and other evidence) the accused was convicted of sexual assault (s.271), sexual interference (s.151) and making child pornography (s.163.1(2)).

Citation
2024 NSPC 18
Parties
Crown: His Majesty the King; Accused: Cody MacIntosh
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 January 2024
Procedural Posture
Criminal Sexual Offences Trial / Trial Decision (verdict)
Outcome
Guilty on all counts: sexual assault contrary to s.271; sexual interference contrary to s.151; making child pornography contrary to s.163.1(2)
Legal Topics
Mistake of Age, Consent, Mistaken Belief in Communicated Consent, Reasonable Steps to Ascertain Age, Willful Blindness, Recklessness, Exclusion of Evidence Under Ss.7 and 11(d) of the Charter, Publication Ban S.486.4
Source Language
English
Criminal Law Sexual Offences Child Pornography Evidence Law Constitutional (charter) Law Mistake of Age Consent Mistaken Belief in Communicated Consent +5 more

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Parties

His Majesty the King

Crown

Cody MacIntosh

Accused

Procedural Posture

Criminal Sexual Offences Trial / Trial Decision (verdict)

Legal Issues

  1. 1 Whether accused honestly believed complainant was of legal age and whether he took all reasonable steps to ascertain age
  2. 2 Whether accused honestly believed complainant communicated consent and whether he took reasonable steps to ascertain consent
  3. 3 Whether complainant subjectively consented during the sexual activity

Ratio Decidendi

The Court found the Crown disproved the accused's mistake of age defence by establishing he did not take all reasonable steps to ascertain age and by proving he was at least reckless and, in parts, wilfully blind as to the complainant's age and lack of consent; on that basis (and on the recordings and other evidence) the accused was convicted of sexual assault (s.271), sexual interference (s.151) and making child pornography (s.163.1(2)).

Court Disposition

Guilty on all counts: sexual assault contrary to s.271; sexual interference contrary to s.151; making child pornography contrary to s.163.1(2)

Orders

  • Conviction entered for sexual assault (s.271), sexual interference (s.151) and making child pornography (s.163.1(2))
  • Publication ban in place under Criminal Code s.486.4 prohibiting identification of the complainant