Supreme Court
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