SELECTED CASE LAW
ONTARIO:
In [2009] OJ No 1378, the offender, Mr. H, threatened to mail his ex-girlfriend’s nude photos to her neighbours, coworkers, and others. When he eventually distributed the photos, his victim became very ill, sought short-term disability benefits, and received counselling. H was charged with extortion and 9 counts of criminal harassment.
The Court noted that H “used the existence of the embarrassing photos and the threat that they would be disclosed to family… as a tool to bend [the victim’s] will to suit his needs”[1] Although he was guilty of extortion, the Court was not satisfied that H was also guilty of criminal harassment. As the Court held, “The effect on [the victim] is better described as vexing and annoying. I have not been convinced beyond a reasonable doubt that she was emotionally traumatized or affected to the extent required by section 264.”[2] H was sentenced to 18-months house arrest, followed by 3-years probation.
[1] 2009 CanLii 34031 at para 13.
[2] 2009 CanLii 34031 at para 31.
Criminal Offence(s): Extortion