Case # 35488
Vittorio Thomas Flaviano v. Her Majesty the Queen (February 17, 2014)
The appellant was acquitted of one count of sexual assault. It is alleged that the appellant assaulted the complainant while at the unit fixing the dishwasher. The complainant and the appellant testified at trial, but their testimony differed dramatically. The appellant’s position was that the complainant had consented. The appellant’s stated that if the complainant had not consented, then he was mistaken. The trial judge acquitted him on that basis. On appeal, the Crown argued that there was no air of reality to the defence of mistaken belief in consent. The Court of Appeal agreed and entered a conviction.