New sex assault trial ordered for Halifax cabbie acquitted by ‘clearly, a drunk can consent’ judge

HALIFAX — Nova Scotia’s highest court has ordered a new trial for a taxi driver acquitted of sexually assaulting a highly intoxicated passenger, saying the trial judge erred in law by finding there was no evidence of lack of consent.

In a unanimous decision, the Nova Scotia Court of Appeal found the judge ignored or disregarded circumstantial evidence that would have allowed him to infer the complainant did not voluntarily agree to engage in sexual activity, or that she lacked the capacity to do so.

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