Supreme Court

Decision Information

R v Mantla

Court Supreme Court
Date 1998-05-26
File numbers CR 03478
Judge(s) Vertes
Publication ban Ban on publication of complainant / witness pursuant to section 486 of the Criminal Code
Location Yellowknife
Cases and statutes considered Statutes considered:
Criminal Code, RSC 1985, c. C-46, s. 129(a)
Criminal Code, RSC 1985, c. C-46, s. 145(1)(a)
Criminal Code, RSC 1985, c. C-46, s. 264.1(1)(a)
Criminal Code, R.S.C. 1985, c. C-46, s. 270 ( 1 ) ( a )
Criminal Code, R.S.C. 1985, c. C-46, s. 271
Decision information:

Summary: The Accused was partying at the home of the complainant's sister - Police called to the scene, found the complainant, a minor, passed out naked in a back bedroom - Accused told police to leave her alone as he had "just given her the ride of her life" - Accused had to be forcefully detained and while in custody assaulted a police officer and attempted to escape through an exit door - Accused was charged with sexual assault, resisting a police officer in the execution of his duty, assault on a police officer, uttering death threats and escaping lawful custody. Court found the Accused guilty of sexual assault, assault on a police officer, and escaping lawful custody - Charge of resisting a police officer in the execution of his duty was dismissed - Court found the Accused reactions to being detained natural under the circumstances - Court also dismissed the charge of uttering death threats due to lack of evidence - Court did not accept the Accused's testimony that he was not aware that the complainant was a minor or that he was not aware that she was to intoxicated to consent to intercourse.
Decision: Sentence determined - Count 1: 3 years imprisonment ; Count 4: 6 months consecutive ; Count 5: 6 months concurrent to time served for Count 4
Subjects: Criminal law - Sexual offences - Sexual assault
Criminal law - Threats and intimidation
Criminal law - Arrest - Resisting arrest
Criminal law - Peace officers - Assault of peace officer
Criminal law - Escapes and resuces - Escape from lawful custody

Decision Content

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