Nov 27, 2014

R v Bulmer (1987)

R. v. Bulmer, [1987] 1 SCR 782



FACTS

Bulmer brought a prostitute to a motel room where there was two of his friends waiting.They negotiated a price with the prostitute, where the guys were supposed to return after.

Instead the guys returned shortly and said that she couldnt charge them. The prostitute decided to performed various sexual acts out of fear. One of the accused submitted that he held an honest but mistaken belief in consent.



ISSUE

In all the circumstances of this case, is there an air of reality in the defense?



HELD

There was evidence on mistake defense fit to go to a jury. Trial judge erred in that mistake must be both honest and reasonable. New trial.


RATIO

[S. 265(4)] does not require that the mistaken belief be reasonable or reasonably held. It is the presence, or absence, of reasonable grounds that are relevant factors for the jury’s consideration in determining the proposed belief.