R. v. MacDonald

R. v. MacDonald

The prosecution proved beyond a reasonable doubt that the accused failed to take all reasonable steps to ascertain the complainants' ages, the accused suspected they were under 16 and proceeded regardless (recklessness), and the electronic photographs and admissions established a sexual purpose for the touching; accordingly the accused is guilty of the s.151 and s.271 offences and breach of probation, with the s.271 convictions conditionally stayed under Kienapple and sentencing adjourned.

Citation
2023 NSPC 21
Parties
Crown: His Majesty the King; Accused: Justin Stanley MacDonald
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
9 May 2023
Procedural Posture
Criminal (indictment) / Trial Adjudication / Decision
Outcome
Accused found guilty on s.151 counts (touching for a sexual purpose) and s.271 counts (sexual assault); conviction entered for breach of probation (s.733.1); s.271 convictions conditionally stayed under R v Kienapple; sentencing adjourned.
Legal Topics
Mistake of Age, Age of Consent, Sexual Purpose, Authentication of Electronic Evidence, Publication Ban, Overcharging / Concurrent Charging
Source Language
English
Criminal Law Sexual Offences Evidence and Proof Youth Protection Mistake of Age Age of Consent Sexual Purpose Authentication of Electronic Evidence +2 more

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Parties

His Majesty the King

Crown

Justin Stanley MacDonald

Accused

Procedural Posture

Criminal (indictment) / Trial Adjudication / Decision

Legal Issues

  1. 1 Whether the accused took all reasonable steps to ascertain the complainants' ages
  2. 2 Whether the accused honestly believed the complainants were at least 16 years old
  3. 3 Whether the intentional touching had a sexual purpose under s.151

Ratio Decidendi

The prosecution proved beyond a reasonable doubt that the accused failed to take all reasonable steps to ascertain the complainants' ages, the accused suspected they were under 16 and proceeded regardless (recklessness), and the electronic photographs and admissions established a sexual purpose for the touching; accordingly the accused is guilty of the s.151 and s.271 offences and breach of probation, with the s.271 convictions conditionally stayed under Kienapple and sentencing adjourned.

Court Disposition

Accused found guilty on s.151 counts (touching for a sexual purpose) and s.271 counts (sexual assault); conviction entered for breach of probation (s.733.1); s.271 convictions conditionally stayed under R v Kienapple; sentencing adjourned.

Orders

  • Convictions recorded on s.151 counts regarding EH and KB
  • Convictions recorded on s.271 counts regarding EH and KB; conditionally stayed under R v Kienapple