Ontario Criminal


Defences

MISTAKE
Accused relied on mistake of age defence

Accused, who was 40-year-old male, picked up complainants, who were two teenaged girls who were hitchhiking. One girl was 14 and one-half years old and other girl was 15 and one-half years old. Complainants expressed interest in engaging in sexual activities and accused drove to parents’ home where they had sexual intercourse. Complainants could not consent to sexual acts but trial judge allowed accused to rely on mistake of age defence and acquitted accused. Crown appealed acquittal. Appeal dismissed. There was no basis for appellate intervention with judge’s holding that accused took all reasonable steps to ascertain complainants’ ages. Furthermore, reasonable person would have been satisfied that complainants were over 16, just as complainants intended, without need for further inquiry.

R. v. Chapman (Apr. 28, 2016, Ont. C.A., E.A. Cronk J.A., M. Tulloch J.A., and K. van Rensburg J.A., CA C60515) 130 W.C.B. (2d) 403.

cover image

DIGITAL EDITION

Subscribers get early and easy access to Law Times.

Law Times Poll


An Ontario judge is once again calling on the provincial government to fix long waits at assessment offices. Do you think the province needs to step up its efforts to address these delays?
RESULTS ❯