R. v. Cooke

R. v. Cooke

The trial judge found beyond a reasonable doubt that the accused subjectively believed he was communicating with a 13‑year‑old, the chats demonstrate purposeful grooming to facilitate a sexual offence under s.152, and the accused took no objectively reasonable steps to verify age; therefore all elements of s.172.1(1)(b) were proven and conviction was appropriate.

Citation
2012 NSSC 69
Parties
Crown: Her Majesty the Queen; Accused: Kevin Wendell Cooke
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 February 2012
Procedural Posture
Criminal Internet Luring / Judgment Conviction
Outcome
Guilty on Count One: internet luring contrary to s.172.1(1)(b) of the Criminal Code
Legal Topics
Internet Luring, Section 172.1 of the Criminal Code, Grooming, Reasonable Steps to Ascertain Age, Undercover/decoy Investigations, Expert Evidence Weight
Source Language
English
Criminal Law Child Sexual Offences Computer/internet Crime Evidence Internet Luring Section 172.1 of the Criminal Code Grooming Reasonable Steps to Ascertain Age +2 more

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Parties

Her Majesty the Queen

Crown

Kevin Wendell Cooke

Accused

Procedural Posture

Criminal Internet Luring / Judgment Conviction

Legal Issues

  1. 1 Whether the accused believed the interlocutor was under 16 (specifically 13)
  2. 2 Whether communications were for purpose of facilitating an offence under s.152
  3. 3 Whether the accused took reasonable steps to ascertain the interlocutor's age

Ratio Decidendi

The trial judge found beyond a reasonable doubt that the accused subjectively believed he was communicating with a 13‑year‑old, the chats demonstrate purposeful grooming to facilitate a sexual offence under s.152, and the accused took no objectively reasonable steps to verify age; therefore all elements of s.172.1(1)(b) were proven and conviction was appropriate.

Court Disposition

Guilty on Count One: internet luring contrary to s.172.1(1)(b) of the Criminal Code

Orders

  • Accused found guilty as charged on Count One