R. v. Bulmer, [1987] 1 S.C.R. 782 (1987)

R. v.

Bulmer, [1987] 1 S.C.R. 782

Daniel Robert Laybourn, Edwin Hanson Bulmer and Richard Ray Illingworth Appellants v.

Her Majesty The Queen Respondent indexed as: r. v. bulmer

File Nos.: 18221, 18222, 18251.

1986: February 7; 1987: June 4.

Present: Dickson C.J. and McIntyre, Chouinard*, Lamer, Wilson, Le Dain and La Forest JJ.

*Chouinard J. took no part in the judgment on appeal from the court of appeal for british columbia

Criminal law -- Charge to jury -- Rape and indecent assault -- Defence of mistake of fact -- Mistaken belief in consent -- Whether the defence should have been left with the jury -- Whether trial judge properly charged the jury.

At the trial of the accused on charges of rape, attempted rape and indecent assault, the evidence indicated that the complainant, a prostitute, agreed to provide her services to Laybourn for a certain price. She testified that they went to a hotel room and on entering she discovered the other two accused and objected to their presence. Illingworth sought to engage the favours of the complainant. She quoted her price and told him to come back in twenty minutes. Bulmer and Illingworth then left but returned shortly after. A discussion followed and Illingworth told the complainant that she would have to provide her services without payment. Frightened, she performed various sexual acts with all three. She denied giving consent and receiving payment. There was no physical violence other than the various sexual acts. Bulmer did not give evidence. Laybourn and Illingworth testified that price was discussed with the complainant after Bulmer and Illingworth returned to the room and that she finally agreed to have sex with them for twenty dollars each. No threats were made. The occupant of an adjoining room testified that he heard two accused leave and return. He also heard the woman complaining about their prese...

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