Summary

Keywords

Criminal law - Offences, Elements of offence - Criminal law — Offence — Elements of offence — Sexual assault — Whether the Court of Appeal erred in law in its treatment of the actus reus in the offence of sexual assault — Whether the Court of Appeal misapplied s. 276 of the Criminal Code and the jurisprudence.

Summary

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(PUBLICATION BAN IN CASE) (SEALING ORDER)

T.S.C. and the complainant had a relationship. Following their child’s birth, the complainant re established contact with T.S.C. so that he could develop a relationship with the child. At trial, the Crown tendered evidence of two sexual encounters that occurred within the same night but narrowed the scope of the sexual assault allegation to only the first encounter at the end of trial due to the complainant’s lack of recall. T.S.C. was convicted of sexual assault and was sentenced to two years’ imprisonment. The conviction appeal was dismissed. Leave to appeal the sentence was granted, and the sentence appeal was dismissed.