R v. Ellison

R v. Ellison

On the evidence the Crown failed to prove the accused had the requisite intention at the time of the communication to obtain sexual services; the accused's statements and conduct (driving opposite direction, claiming curiosity, having cash) supported a finding of no intent, therefore not guilty.

Citation
2017 NSPC 5
Parties
Prosecution: Her Majesty the Queen; Accused: Carl Hugh Ellison
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
30 January 2017
Procedural Posture
Criminal / Trial Judgment
Outcome
Not guilty
Legal Topics
Prostitution, Mens Rea, Undercover Sting Operations, Communicating for Purpose of Obtaining Sexual Services, Section 286.1(1) Criminal Code
Source Language
English

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Her Majesty the Queen

Prosecution

Carl Hugh Ellison

Accused

Procedural Posture

Criminal / Trial Judgment

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused had the requisite intent at the time of the communication to obtain sexual services
  2. 2 Whether words alone without intent satisfy s.286.1(1)

Ratio Decidendi

On the evidence the Crown failed to prove the accused had the requisite intention at the time of the communication to obtain sexual services; the accused's statements and conduct (driving opposite direction, claiming curiosity, having cash) supported a finding of no intent, therefore not guilty.

Court Disposition

Not guilty

Orders

  • Accused found not guilty of the offence contrary to s.286.1(1) of the Criminal Code of Canada