R. v. Rector

R. v. Rector

Because the complainant was under sixteen and therefore not a "young person" within s.153(2), the s.153 charge could not stand; the court accepted the parties' consent to amend Count 2 to s.151(a) and ordered committal on the amended count, committal of Count 1 as charged, continuation of the s.486.4(1) publication ban, and set arraignment in Supreme Court.

Citation
2013 NSPC 40
Parties
Crown/prosecution: Her Majesty the Queen; Defendant: Earl Gerald Rector
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 May 2013
Procedural Posture
Criminal Preliminary Inquiry / Committal / Committal Following Preliminary Inquiry
Outcome
Committal ordered by consent: Count 1 committed as charged (s.271(1)); Count 2 amended from s.153 to s.151(a) and committed; election to Supreme Court judge-alone maintained; arraignment scheduled; publication ban and defendant's undertaking continued in effect.
Legal Topics
Committal by Consent, Amendment of Charges, Election to Superior Court, Arraignment Scheduling, Publication Ban Under S.486.4
Source Language
English
Criminal Law Sexual Offences Child Sexual Offences Publication Ban Committal by Consent Amendment of Charges Election to Superior Court Arraignment Scheduling +1 more

Case Brief

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Parties

Her Majesty the Queen

Crown/prosecution

Earl Gerald Rector

Defendant

Procedural Posture

Criminal Preliminary Inquiry / Committal / Committal Following Preliminary Inquiry

Legal Issues

  1. 1 Whether committal should be ordered by consent
  2. 2 Whether Count 2 charged under s.153 was legally sustainable given the complainant's age
  3. 3 Whether Count 2 should be amended to s.151(a) and committal ordered

Ratio Decidendi

Because the complainant was under sixteen and therefore not a "young person" within s.153(2), the s.153 charge could not stand; the court accepted the parties' consent to amend Count 2 to s.151(a) and ordered committal on the amended count, committal of Count 1 as charged, continuation of the s.486.4(1) publication ban, and set arraignment in Supreme Court.

Court Disposition

Committal ordered by consent: Count 1 committed as charged (s.271(1)); Count 2 amended from s.153 to s.151(a) and committed; election to Supreme Court judge-alone maintained; arraignment scheduled; publication ban and defendant's undertaking continued in effect.

Orders

  • Count 1 committed as charged under s.271(1) of the Criminal Code
  • Count 2 amended to read: for a sexual purpose touched directly with a part of his body the body of a person under the age of sixteen years, contrary to s.151(a) of the Criminal Code, and committed