What is the defence of defence in a sexual assault case?
Ontario, Canada
The following excerpt is from R. v. A.D.H., 2014 ONSC 6047 (CanLII):
An accused person is entitled to rely upon all alternate defences for which a foundation of fact appears in the record and it matters not whether the evidence forming this foundation emanates from the Crown or the defence. What is essential is that the record contains evidence which, if accepted by the trier of fact, would constitute a valid defence to the charge laid. (See Wu v. The King, [1934] S.C.R. 309).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the current sentencing range for an assault where the accused has pleaded guilty to a charge of assault, assault and sexual assault? (Ontario, Canada)
How has the Court treated sexual assault and indecent assault cases? (Ontario, Canada)
Is there a requirement for the defence to disclose decisions on whether to continue to defend against the Crown in a sexual assault case? (Ontario, Canada)
What is the test for establishing a permissive prima facie case in a sexual assault case? (Ontario, Canada)
What is the appropriate sentence for a sexual assault case where the accused assaulted a 16 year old girl? (Ontario, Canada)
What is the case law in favour of protecting the identity of victims in sexual assault cases? (Ontario, Canada)
What is the appropriate sentence for a conviction of sexual interference in a sexual assault case? (Ontario, Canada)
What is the test for obtaining medical records and sexual activity records in a sexual assault case? (Ontario, Canada)
In what circumstances will a court sentence an offender who sexually assaulted a 15 year old girl who was sexually assaulted by friends of her parents who plied her victim with alcohol? (Ontario, Canada)
What is the defence relying on in the context of sexual assault cases? (Ontario, Canada)
