R. v. Randall

R. v. Randall

Section 172.1(1)(c) is satisfied where an accused intentionally communicates by computer with a person he believes to be under 14 for the purpose of facilitating a listed secondary offence; the actual commission of the secondary offence is not required. Mens rea is the intentional communicative purpose; actus reus comprises the communication by the prohibited medium and any overt conduct objectively linking the accused to the intended commission. On the facts the Crown proved beyond a reasonable doubt that the accused intended to facilitate an s.151 offence and was guilty of s.172.1(1)(c).

Citation
2006 NSPC 19
Parties
Crown: Her Majesty the Queen; Accused: Kevin Scott Randall
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 April 2006
Procedural Posture
Criminal / Trial / Decision (guilty Verdict)
Outcome
Guilty (convicted)
Legal Topics
Internet Luring, Criminal Code S.172.1(1)(c), Mens Rea and Actus Reus, Statutory Construction, Evidence and Credibility
Source Language
English
Criminal Law Child Protection Statutory Interpretation Internet/technology Law Internet Luring Criminal Code S.172.1(1)(c) Mens Rea and Actus Reus Statutory Construction +1 more

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Parties

Her Majesty the Queen

Crown

Kevin Scott Randall

Accused

Procedural Posture

Criminal / Trial / Decision (guilty Verdict)

Legal Issues

  1. 1 Whether communicating by computer 'for the purpose of facilitating' a listed secondary offence is complete without actual commission of the secondary offence
  2. 2 Whether the accused believed the person was under 14 and whether he took reasonable steps to ascertain age
  3. 3 Assessment of the accused's credibility and whether his conduct amounted to the requisite mens rea and actus reus

Ratio Decidendi

Section 172.1(1)(c) is satisfied where an accused intentionally communicates by computer with a person he believes to be under 14 for the purpose of facilitating a listed secondary offence; the actual commission of the secondary offence is not required. Mens rea is the intentional communicative purpose; actus reus comprises the communication by the prohibited medium and any overt conduct objectively linking the accused to the intended commission. On the facts the Crown proved beyond a reasonable doubt that the accused intended to facilitate an s.151 offence and was guilty of s.172.1(1)(c).

Court Disposition

Guilty (convicted)

Orders

  • Conviction entered for offence contrary to Criminal Code s.172.1(1)(c)