R v Hunjan

canada, canadian, case law, court opinion, canlii, mbca, 2026mbca76, 2026 mbca 76 (canlii), 2026, mbca, 76, (canlii), 2026, criminal and statutory offences, appeal, sexual offences, criminal code, s. 162(1), s. 162.1(1), conviction appeal from voyeurism and making available an intimate image without consent, statutory elements and contextual privacy analysis applied, trial judge’s findings upheld, unreasonable verdict ground consequentially rejected, conviction appeals dismissed, criminal and statutory offences, voyeurism, surreptitiously, criminal code, s. 162(1)(b), whether observation of sexual assault was done surreptitiously, meaning of “surreptitiously” as state of mind, r v trinchi, complainant asleep and unaware, no consent or ability to consent, inference of intent complainant remain unaware supported, appeal dismissed, criminal and statutory offences, voyeurism, reasonable expectation of privacy, criminal code, s. 162(1)(b), whether observation occurred in circumstances giving rise to a reasonable expectation of privacy, contextual assessment under r v jarvis factors, bedroom used to sleep, limited persons present, complainant asleep and non, consenting, trial judge not required to address every factor, appeal dismissed, criminal and statutory offences, intimate image, visual recording, criminal code, s. 162.1(1), s. 162.1(2), whether poor, quality, deleted video depicted an intimate image, contextual analysis not limited to what can be seen, complainant identified voice and room lights, accused showed recording immediately after assault, broad interpretation, r v walsh, appeal dismissed, criminal and statutory offences, intimate image offences, distributes or makes available, criminal code, s. 162.1(1), whether offence applies where recording was shown only to complainant, no statutory exemption limiting recipients to third parties, non, consensual showing in immediate aftermath of sexual assault found significant attack on privacy and dignity, trial judge’s interpretation upheld, appeal dismissed