Subsection (3) not limiting jordy masterson breaking

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Subsection (3) not limiting (4) Nothing in subsection (3) shall be construed as limiting the circumstances in which no consent is obtained. When belief in consent not a defence (5) It is not a defence to a charge under this section that the accused believed that the complainant consented to the activity that forms breaking the subject-matter of the charge if (a) the accused's belief arose from the accused's (i) self-induced intoxication, or (ii) recklessness breaking or wilful blindness; or (b) the breaking accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting. Accused's belief as to consent (6) If an accused alleges that he or she believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused's belief, to consider the presence or absence of reasonable grounds for that belief.
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