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R v Darrach, [2000] 2 SCR. 443, 2000 SCC 46

Facts:

S.273.2(b) reasonable steps requirement for sexual assault. Requires reasonable steps not ALL reasonable steps

Issue(s):

Does s.273.2(b) eliminate the mistake of fact defence?

Ratio:

s.273.2(b) does not infringe s.7 because it still allows for some defence of mistake of fact

Analysis:

The mistake does not have to be reasonable.
**It is based on the reasonable person in the situation of the accused – knowing what he knew
**Infer a subjective state of mind from what a reasonable person would have done in the circumstances


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