CRIMINAL CODE OFFENCES - Sexual assault - Robbery and extortion

Law360 Canada ( September 28, 2026, 9:45 AM EDT) -- Appeal by appellant from his convictions for robbery and sexual assault. The convictions arose from a group attack in which the complainant was assaulted, stripped naked in a public alley and robbed of his clothing and possessions. The appellant participated with three others, carried an imitation knife and pieces of lumber, handed a 2 x 4 to another participant, directed the others to “strip” the complainant, took the complainant’s shoes, searched his clothing, took his bank and identification cards, and demanded his banking PIN. The appellant argued that the forcible stripping did not occur in sexual circumstances, that he lacked the mens rea for sexual assault because he did not know that the complainant would be stripped completely naked, that he was not properly found to be a party to the robbery and sexual assault, and that the trial judge’s reasons were inadequate and inconsistent. The Crown relied on the CCTV evidence, the appellant’s conduct throughout the attack, and his own evidence acknowledging that he knew the other perpetrator was likely to strip the complainant. The issues were whether the stripping constituted sexual assault, whether the appellant was a party to the offences with the required mens rea, and whether the trial judge’s reasons were sufficient....
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