Digest: R v Hasper, 2018 SKQB 126

• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Judge: Tholl
• Citation: 2018 SKQB 126
• Docket Number: CRIM 6/17 JCY,QB17515
• Date: 30 April 2018
• Subject Matter: Criminal Law � Assault � Sexual Assault - Consent
• Counsel: Wyatt

Reported as: 2018 SKQB 126

Docket Number: CRIM 6/17 JCY , QB17515

Court: Court of Queen's Bench

Date: 2018-04-30

Judges:

• Tholl

Subjects:

• Criminal Law � Assault � Sexual Assault - Consent

Digest: The accused was charged with sexual assault contrary to s. 271 of the Criminal Code. The accused conceded that he was guilty of sexual assault regarding a portion of his actions in that he had touched the complainant�s breasts while she was sleeping but claimed that the sexual intercourse that followed had occurred with the consent of the complainant. In the alternative, the accused submitted that he had an honest but mistaken belief that the complainant consented. The alleged offence occurred after the complainant had gone to bed. She testified that she had had too much to drink and left the accused, his wife (the complainant�s sister) and her husband in the backyard and, probably due to her intoxication, she had not wakened when the accused touched her nor when intercourse occurred. She was wakened by her husband after he had seen the accused leave the bedroom. The accused testified that he had gone into the complainant�s bedroom with the intention of touching her breasts. He did not...