R v Lafferty

canada, canadian, case law, court opinion, canlii, ntca, 2024nwtca9, 2024 nwtca 9 (canlii), 2024, nwtca, 9, (canlii), a1-ap-2023-000008, 2024, criminal and statutory offences, appeals, sexual assault, whether verdict reasonable and jury properly instructed, dna from vaginal and rectal swabs and complainant memory issues, w(d) framework referenced and defence theory assessed, conviction appeal dismissed, evidence, sexual offence evidence, criminal code, s. 276, prior sexual activity, whether s. 276 instruction inaccurate or misleading, permissible use to explain presence of appellant’s dna on swabs, midtrial and final limiting instructions given as agreed, no material instruction error, conviction appeal dismissed, procedure, jury instructions, reinstruction during deliberations, mens rea for sexual assault, whether “little difficulty” instruction was inapplicable, inappropriate or misleading, r v h.w. and r v barton relied on, honest but mistaken belief in consent lacking air of reality, timing and wording insufficient for appellate intervention, conviction appeal dismissed