Important Cases

Question 1

R v ewanchuck

Answer 1

Interview in the back of a van. You cannot exercise authority to get consent

Question 2

R v V(KB)

Answer 2

Dad grabbed his sons penis. Goal of sexual assault does my have to be sexual gratification

Question 3

R v JA

Answer 3

Girl agreed to let her boyfriend choke her until she passed out and he did anal. Partner must be capable of consent throughout

Question 4

R v Harbottle

Answer 4

Accused and co-accused brutally assaulted victim. Co accused held legs down, if you are an integral part of persons death you can be charged 1st degree

Question 5

R v Smithers

Answer 5

Thin skull rule: take your victim as you find him

Must be contributing cause outside de minimus range (above minimal cause)

Question 6

R v nette

Answer 6

Must be significant contributing cause, more than minimal cause. 95 year old woman robbed with electrical tape

Question 7

R v luedecke

Answer 7

Sleepwalking (automatism)

Question 8

R v latimer

Answer 8

Mercy killed daughter (necessity)

Question 9

R v cuerrier

Answer 9

Fraud vitiates consent if it involves serious risk of harm.

1. Deprivation
2. Dishonest act

Question 10

R v mabior

Answer 10

Fraud vitiates consent only if significant risk of serious bodily harm based on realistic possibility of transmission

1. Viral load
2. Condom use

Question 11

R v Hutchinson

Answer 11

Guy poked holes in condom, girl argued against him based on HIV case procedures

Question 12

R v DC

Answer 12

Woman had sex with her partner and when he abused her and she tried to leave he argued she didn’t disclose her HIV

Question 13

R v lavallee

Answer 13

Battered woman syndrome defence 1986