ELEMENTS OF THE OFFENCE — Mens rea — Wilful blindness

Law360 Canada (July 19, 2024, 12:34 PM EDT) -- Appeal by accused from his conviction for one count of sexual assault after a jury trial. The complainant was the accused’s girlfriend. She alleged that he sexually assaulted her multiple times after her appendix surgery when she was in pain and her doctor advised no sex for six weeks. The jury convicted him on one count of sexual assault relating to an incident days after her surgery. The accused submitted that the jury instruction on prior inconsistent statements and false testimony was inadequate and that he erred by not instructing the jury to limit reliance on demeanour evidence and in instructing on wilful blindness for the mens rea of sexual assault. The accused argued that a new trial was required because of the judge’s errors in the jury instructions. The Crown sought to uphold the conviction, arguing that the jury was properly instructed and that the errors were insufficient to require a new trial....
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