September 20th, 2019

Sex Assault Conviction Appeal Fails – Defence Of Mistaken Belief In Consent Not Made Out – R v Achuil, 2019 Alberta Court Of Appeal

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Appellant convicted of sexual assault after trial appealed, arguing that the trial judge misapplied the test in W(D) and that defence of mistaken belief in consent should have been available. Held: Appeal dismissed. Court found the trial judge did not misapply W(D) and the conviction should stand. The majority reconsidered Ryon [2019 ABCA 36] on … Read More.