SELECTED CASE LAW

ONTARIO:

2002 CanLII 44969 (ONCA)

In 2002 CanLII 44969 (ONCA), Mr. R, a 42-year-old school teacher, appealed his conviction and sentence of sexual assault and sexual touching.

At trial he was convicted of sexual assault and sexual touching and sentenced to one year in jail and two years’ probation.
He met a 13-year-old girl on a chat line where he was pretending to be a 17-year-old high school football player. They spoke on the phone for months. He claimed to have thought the girl was 19 or 20 years old. They met in person and he drove her to his apartment so they could talk.

The girl had some inconsistencies in her testimony at trial, but the Court of Appeal still found the convictions to be reasonable.
Mr. R argued he should have been given a sentence he could serve in the community. The Appeal Court did not agree and dismissed his appeal.

Also see: [2000] OJ No 5161 (ONCJ)

 

Criminal Offence(s): Sexual Assault