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Mark C. Halfyard

Lawyer

Jun 30, 2026

173:16
Mark Alfjords.
173:25
Good afternoon, Chief Justice, Justices.
173:27
The CLA makes two submissions on this appeal.
173:31
The first is that there is no clear intent by Parliament to make sexual assault an objective-based mens rea offence.
173:40
In other words, the independent pathway conversation that was the thread of a number of questions today, for simply that would lead to a conviction for failing to take reasonable steps should be rejected.
173:53
And in fact, it was rejected.
173:54
rejected in the Morrison decision.
177:30
Is the jury to be charged that the Crown must prove mens rea, but you cannot have a belief in the accused's belief, or you can't decide on the basis of self-induced intoxication? Is that now become a necessary part of the jury charge?

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