R. v. Craig

R. v. Craig

On the evidence the court found beyond reasonable doubt that Craig authored messages from 'cuteguylovinlife'; the appropriate factual finding is that he believed the complainant to be 16 but failed to take all reasonable steps to ascertain her age for Counts 1 and 3; Kienapple requires staying one overlapping count and the sexual assault count (Count 2) is conditionally stayed while conviction stands on Count 1 (sexual interference); Internet luring (Count 3) is distinct and not barred; victim's willingness is legally irrelevant as a mitigating factor because persons under 16 cannot consent.

Citation
2013 BCSC 1562
Parties
Crown: Regina; Accused: Aaron Edward Douglas Craig
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 April 2013
Procedural Posture
Criminal Sexual Offences / Post Conviction Pre Sentence Factual Determination
Outcome
Court made factual findings: Craig authored the cuteguylovinlife messages and believed the complainant was 16 but failed to take reasonable steps to ascertain her age; conviction to be entered on Count 1 (sexual interference); conditional stay directed on Count 2 (sexual assault); Count 3 (Internet luring) not stayed.
Legal Topics
Sexual Interference, Sexual Assault, Internet Luring, Kienapple/double Convictions, Belief of Age Defence, Sentencing Aggravating and Mitigating Factors, Consent and Capacity
Source Language
English
Criminal Law Sexual Offences Internet/computer Facilitated Offences Evidence Sexual Interference Sexual Assault Internet Luring Kienapple/double Convictions +3 more

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Parties

Regina

Crown

Aaron Edward Douglas Craig

Accused

Procedural Posture

Criminal Sexual Offences / Post Conviction Pre Sentence Factual Determination

Legal Issues

  1. 1 Whether Mr. Craig authored messages from the screen name "cuteguylovinlife"
  2. 2 Whether Mr. Craig knew the complainant was under 16 or honestly believed she was 16 and whether he took all reasonable steps to ascertain age
  3. 3 Whether the Kienapple principle bars conviction on one or more counts

Ratio Decidendi

On the evidence the court found beyond reasonable doubt that Craig authored messages from 'cuteguylovinlife'; the appropriate factual finding is that he believed the complainant to be 16 but failed to take all reasonable steps to ascertain her age for Counts 1 and 3; Kienapple requires staying one overlapping count and the sexual assault count (Count 2) is conditionally stayed while conviction stands on Count 1 (sexual interference); Internet luring (Count 3) is distinct and not barred; victim's willingness is legally irrelevant as a mitigating factor because persons under 16 cannot consent.

Court Disposition

Court made factual findings: Craig authored the cuteguylovinlife messages and believed the complainant was 16 but failed to take reasonable steps to ascertain her age; conviction to be entered on Count 1 (sexual interference); conditional stay directed on Count 2 (sexual assault); Count 3 (Internet luring) not stayed.

Orders

  • Findings: Aaron Edward Douglas Craig was author of 'cuteguylovinlife' messages
  • Findings: Craig believed complainant was 16 but failed to take all reasonable steps to ascertain age for Counts 1 and 3