What is the test for consent in the context of s. 4(3)(b) of the Criminal Code?
Manitoba, Canada
The following excerpt is from R. v. Castillo, 2004 MBQB 45 (CanLII):
The law is well settled that "consent" within the meaning of s. 4(3)(b) of the Criminal Code requires a measure of control – see Regina v. Terrence (1983), 1983 CanLII 51 (SCC), 4 C.C.C. (3d) 193 (S.C.C.). This is the issue here.
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