What is the test for the defence in a sexual assault case?
Alberta, Canada
The following excerpt is from R. v. Craig, 1974 CanLII 283 (AB QB):
Therefore, at least in a case such as this where there is no such delusion or mistake of fact, I agree with H. J. MacDonald J. in Regina v. Leech at p. 11 that "The natural consequence of an act of rape is the fact of rape — it is not necessary (in order that the defence fail) that the accused appreciate or be sensible beyond the fact that his action will result in the actus reus."
"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
Are there any allegations of sexual assault, sexual assault or sexual assault against a minor? (Alberta, Canada)
What is the standard of conduct of a defence in a sexual assault case? (Alberta, Canada)
How have courts dealt with sexual harassment allegations in the context of sexual assault cases? (Alberta, Canada)
Can an accused change his plea in a sexual assault case? (Alberta, Canada)
What is the test for applying the doctrine of jurisdiction in the context of sexual assault cases? (Alberta, Canada)
What are the factors used to determine the exclusion of evidence in a sexual assault case? (Alberta, Canada)
Is there any case law or case law in which a defence counsel has been found to have made out deficiencies in the credibility assessment? (Alberta, Canada)
What is the defence of self-defence in a murder case? (Alberta, Canada)
What is the "functional" approach to assessing damages in a sexual assault case? (Alberta, Canada)
What is relevant evidence to support a finding of intent in a sexual assault case? (Alberta, Canada)
