Tuesday, July 1, 2014

Sexual purpose or intent not necessary element of sexual assault

R. v. Johnstone, 2014 ONCA 504:

[49]       I do not view the trial judge's failure to give such a specific direction as constituting an error. The trial judge properly instructed the jury on the elements of sexual assault. The sexual nature of an assault is to be determined objectively from the perspective of a reasonable observer. A sexual purpose or intention is not an essential element and the offence may be made out in the absence of any evidence of sexual intention and even where the accused's intention was not sexual. 

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