What is the test for finding that a defendant in a sexual assault case has been found guilty of assault by reason of gross negligence?
Ontario, Canada
The following excerpt is from Boschetti v. Sanzo, 2003 CanLII 35429 (ON SC):
Counsel for the defendant Sanzo relies on the case of Jasinski v. Trinchini, [1994] O.J. No. 576, which he submits is the exact same fact situation and, therefore, the result should be the same as in that case.
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