ELEMENTS OF THE OFFENCE - Actus reus - Mens rea - Motive - Recklessness

Law360 Canada ( December 19, 2023, 6:07 AM EST) -- Trial of Hooper for two counts of sexual assault and two counts of sexual interference. The four counts related to two separate incidents involving the same complainant JG, who was under 16 years of age then. The first incident occurred inside a parked motorhome with her two companions after accompanying Hooper to purchase more drugs. The second incident happened inside Hooper’s car supposedly in exchange for drugs. The Crown submitted that it had proven beyond a reasonable doubt that Hooper committed the alleged sexual activities as JG had positively identified him as the person who committed the offences against her; JG did not consent to the sexual activities in both incidents; and, JG was underage at the time both incidents occurred and therefore lacked the legal capacity to consent in any event. Hooper submitted that the Crown had not done so, particularly since the only witness was JG. Hooper argued the evidence of JG was unreliable due to her health condition and her testimony was not corroborated by other witnesses present during the incidents. The main issue was whether the Crown had proven beyond a reasonable doubt that Hooper committed any of the alleged offences....
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