SELECTED CASE LAW
NEWFOUNDLAND AND LABRADOR:
In 2010 CanLII 22966 (NLPC), Mr. P pleaded guilty to luring and sexual assault.
Mr. P, a 37-year-old man, met a 13-year-old girl, Ms. M, on an internet teen chatroom. They engaged in conversation, through which Mr. P intended to facilitate sexual contact, and were aware of each other’s ages. The communication lasted about a year. When the girl was 14 Mr. P traveled from Australia to Newfoundland to have sexual intercourse with the girl. When they met, he gave her alcohol and some jewelry. He tried to kiss her but she would turn away. Someone reported seeing an adult man kissing a young girl and reported it to the police.
A joint submission of 15 months’ incarceration was requested, the court found this was inadequate due to the seriousness of the offences. The court stated:
the sentences imposed in this country upon such offenders have failed to keep pace with and to recognize the reality and scope of the present environment in which child sexual predators operate and the danger they now pose to children all over the world. This case is an excellent example. [1]
Noting that a judge does have discretion to decline to endorse a joint submission, but it is al-most never done. The court stated:
In this case, I believe a reasonably informed member of the public would be alarmed; dismayed; and concerned to learn that a child sexual predator who committed the type of offences which [Mr. P] has committed would receive the type of sentence recommended here. But, such a person would not see the end result sought here as proof that our legal system has malfunctioned. One single case is unlikely to ever have such a dramatic impact upon a reasonable person. As a result, there is no basis in law which would allow me to reject the joint submission presented.[2]
As a result, the judge accepted the joint submission but sentenced Mr. P to 14 months’ incarceration for luring and one month for the attempted sexual assault. Additional orders included a 10-year registration as a sex offender and prohibitions from being in contact with young people.
[1]2010 CanLII 22966 (NL PC) at para 19.
[2] 2010 CanLII 22966 (NL PC) at para 31.
Criminal Offence(s): Sexual Assault