What is the relevant sentence in paragraph 78 of the Criminal Code of Canada's Sexual assault Guidelines?
British Columbia, Canada
The following excerpt is from R. v. Gonzalez-Hernandez, 2011 BCSC 392 (CanLII):
The third sentence in paragraph 78 should read: This alone would lead to a conviction on the lesser included offence of sexual assault causing bodily harm, as consent to the injuries (aside from the nose) depicted in the photographs cannot be inferred (R v. Cutler, 2006 BCSC 1114; R v. Jobidon 1991 CanLII 77 (SCC), [1991] 2 S.C.R. 714).
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