Supreme court | Criminal Law | Defences | Consent
Accused was charged and convicted with sexual assault. Trial judge found that because accused took position that case was about consent, accused could not argue honest but mistaken belief. Accused’s appealed from conviction was dismissed. Accused appealed with Supreme Court of Canada. Appeal was dismissed. Trial judge’s conduct in intervening in manner in which he did, by stepping into shoes of counsel, raised serious concerns. However, no miscarriage of justice was shown.
R. v. Colling (2018), 2018 CarswellAlta 1008, 2018 CarswellAlta 1009, 2018 SCC 23, 2018 CSC 23, Abella J., Moldaver J., Gascon J., Brown J., and Rowe J. (S.C.C.); affirmed (2017), 2017 CarswellAlta 2682, 2017 ABCA 286, Ronald Berger J.A., Sheilah Martin J.A., and Jo’Anne Strekaf J.A. (Alta. C.A.).