R. v. Malone

The appellant appealed his conviction on the count of rape for allegedly having sexual intercourse with the complainant without her consent when she was too drunk to put up any physical resistance. The Court upheld the conviction and the sentence on the grounds that the complainant's evidence was sufficient for a jury to find that the appellant was reckless as to the question of the complainant's consent, even if he did not know at the time that she was not consenting.