What is the test for determining whether a person can be found guilty of sexual assault under s. 27(1)(b) of the Criminal Code?

British Columbia, Canada


The following excerpt is from Underdahl v. Oakridge Electric and others, 2008 BCHRT 68 (CanLII):

Determinations under s. 27(1)(b) are made based on the allegations in the complaint, without reference to any alternative evidence or explanations provided by the respondents: Bailey v. B.C. (Min. of Attorney General), 2006 BCHRT 120 at para. 9.

Other Questions


What is the legal test for determining whether a person can be found guilty of sexual assault? (British Columbia, Canada)
What are the legal tests for determining whether a person can be found guilty of a criminal offence? (British Columbia, Canada)
What is the test for determining whether a plaintiff has been found guilty of sexual assault? (British Columbia, Canada)
What is the test for determining if a plaintiff has been found guilty of assault by reason of sexual assault? (British Columbia, Canada)
What is the test for a breathalyser test to determine whether an accused has been found guilty of assault? (British Columbia, Canada)
Is there a new trial for the defence in the case of a man who was found not guilty of assault but found guilty of the charge on self-defence? (British Columbia, Canada)
Does an authority to proceed under s. 15 and s. 14(1)(b)(ii) of the Criminal Code apply to a person who has been provisionally arrested, whether detained or released on judicial interim release? (British Columbia, Canada)
Is the grossly unfair test for determining whether a person can be found guilty of a gross negligence offence? (British Columbia, Canada)
What factors are considered in determining the severity of a sexual assault charge under section 3 of the Criminal Code of BC? (British Columbia, Canada)
What is the test for determining whether a person can be found guilty of a common law offence? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.