R. v. C.A.M.
Acquittal because the Crown did not prove beyond a reasonable doubt that the impugned text messages amounted to 'counselling' for a sexual purpose under s.152; precise wording was uncertain and unreliable, and the requisite mens rea (intent or conscious disregard of substantial unjustified risk) was not established.
- Citation
- 2010 NSPC 35
- Parties
- Crown: Her Majesty the Queen; Defendant: C.A.M.
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 7 January 2010
- Procedural Posture
- Criminal (s.152 Criminal Code) / Trial Judgment (acquitted)
- Outcome
- Not guilty (acquitted)
- Legal Topics
- Counselling Under S.152 Criminal Code, Mens Rea and Actus Reus, Text Message Evidence, Publication Ban S.486.4
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
C.A.M.
Defendant
Procedural Posture
Criminal (s.152 Criminal Code) / Trial Judgment (acquitted)
Legal Issues
- 1 Whether text messages constituted 'counsel' for a sexual purpose under s.152 Criminal Code
- 2 Whether the actus reus and mens rea for counselling under s.152 were established beyond a reasonable doubt
- 3 Interpretation and scope of 'counsel' (s.22(3)) and related jurisprudence
Ratio Decidendi
Acquittal because the Crown did not prove beyond a reasonable doubt that the impugned text messages amounted to 'counselling' for a sexual purpose under s.152; precise wording was uncertain and unreliable, and the requisite mens rea (intent or conscious disregard of substantial unjustified risk) was not established.
Court Disposition
Not guilty (acquitted)
Orders
- Accused acquitted of s.152 charges
- Other related charges dismissed
Full Case Text
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