R v. M.M.

R v. M.M.

The court found beyond a reasonable doubt that sexual intercourse began while the complainant was asleep and therefore incapable of consenting; the accused failed to take reasonable steps to ascertain consent and his claimed honest but mistaken belief lacked an air of reality given his own texts and inconsistent testimony, so the Crown proved all elements of s.271 and the accused is guilty.

Citation
2021 NSPC 27
Parties
Crown: Her Majesty the Queen; Defendant: M.M.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 May 2021
Procedural Posture
Youth Justice Court Criminal Trial Sexual Assault / Decision (trial Verdict)
Outcome
Guilty of sexual assault contrary to s.271 Criminal Code
Legal Topics
Consent, Mistaken Belief in Consent, Publication Ban, Standard of Proof, Credibility Assessment
Source Language
English
Criminal Law Sexual Offences Youth Justice Evidence Law Consent Mistaken Belief in Consent Publication Ban Standard of Proof +1 more

Case Brief

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Parties

Her Majesty the Queen

Crown

M.M.

Defendant

Procedural Posture

Youth Justice Court Criminal Trial Sexual Assault / Decision (trial Verdict)

Legal Issues

  1. 1 Whether the complainant consented to the sexual activity
  2. 2 Whether the accused had an honest but mistaken belief in consent and whether that defence has an air of reality
  3. 3 Whether the Crown proved the essential elements of s.271 beyond a reasonable doubt

Ratio Decidendi

The court found beyond a reasonable doubt that sexual intercourse began while the complainant was asleep and therefore incapable of consenting; the accused failed to take reasonable steps to ascertain consent and his claimed honest but mistaken belief lacked an air of reality given his own texts and inconsistent testimony, so the Crown proved all elements of s.271 and the accused is guilty.

Court Disposition

Guilty of sexual assault contrary to s.271 Criminal Code

Orders

  • Convicted of sexual assault contrary to s.271 Criminal Code
  • Publication ban prohibiting identification of the complainant under s.486.4 Criminal Code and s.110(1) Youth Criminal Justice Act