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
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Parties
Her Majesty the Queen
Prosecution
Carl Hugh Ellison
Accused
Procedural Posture
Criminal / Trial Judgment
Legal Issues
- 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 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
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