Where the prosecution case against an accused charged as an accessory to aggravated sexual intercourse without consent fails to clearly identify whether liability is based on joint criminal enterprise or as a principal in the second degree, and the jury is not directed that the Crown must prove actual knowledge that the complainant did not consent, the resulting convictions cannot stand. However, such misdirection does not vitiate convictions on counts where the same accused was the principal offender. Where some counts forming part of an aggregate sentence are quashed, the aggregate sentence must also be quashed and the matter remitted for re-sentencing.
The full text is available to signed-in members, including the 1 later case that cites this judgment.