SELECTED CASE LAW

NEW BRUNSWICK:

2015 NBCA 10

In 2015 NBCA 10, Mr. M appealed his conviction for sexual exploitation and applied to appeal his sentence of 6 years imprisonment. Both the appeal and application were dismissed.

Mr. M sought out Ms. S, a 16-year-old who struggled with drug addiction, suicide, and self-harm, and who had just finished rehabilitation for her addiction at Portage. He was 50 years old at the time and would exchange money and drugs to, firstly, get her phone number, and then acquire oral sex, sex with a condom, and then sex without a condom, as she became increasingly dependent on him. This escalated to 3-4 times a week. After going through an abortion and becoming increasingly depressed and suicidal, she told her boyfriend who she was living with. She then reported the relationship to the school guidance counselor and then the RCMP.

These claimants were both at critical and fragile stages of their life and looked to Mr. H for support given his position in their lives. Mr. H was sentenced to 3.5 years.

He was sentenced to 6 years’ incarceration.

Case relied heavily on R v Anderson as the authority on sexual exploitation of a “consenting” young person.

 

Criminal Offence(s): Sexual Exploitation