R. v. Sharpe

R. v. Sharpe

The defence application was dismissed: the Charter s.15 cannot be applied retroactively to invalidate ss.156/157/158 for the offences charged; ss.156,157 and 158 were not shown to be unconstitutionally vague or discriminatory on the evidence and applicable authorities, and therefore Counts 1 and 2 were not stayed.

Source-derived case information.

Citation
2004 BCSC 240
Parties
Crown: Regina; Accused: John Robin Sharpe
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 February 2004
Procedural Posture
Criminal / Voir Dire Ruling
Outcome
Application to stay Counts 1 and 2 dismissed.
Legal Topics
Gross Indecency, Indecent Assault, Sexual Assault, Retroactivity of Charter Rights, Vagueness/overbreadth, Equality Discrimination S.15, Bill of Rights
Source Language
english
Criminal Law Constitutional Law Charter Litigation Sexual Offences Gross Indecency Indecent Assault Sexual Assault Retroactivity of Charter Rights +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Crown

John Robin Sharpe

Accused

Procedural Posture

Criminal / Voir Dire Ruling

Legal Issues

  1. 1 Whether ss.156 and 157 of the Criminal Code violate s.7 of the Charter as vague/overbroad
  2. 2 Whether ss.156,157 and s.158(1) discriminate contrary to s.15 of the Charter
  3. 3 Whether ss.7 and ss.15 can be applied retroactively to offences occurring before their enactment

Ratio Decidendi

The defence application was dismissed: the Charter s.15 cannot be applied retroactively to invalidate ss.156/157/158 for the offences charged; ss.156,157 and 158 were not shown to be unconstitutionally vague or discriminatory on the evidence and applicable authorities, and therefore Counts 1 and 2 were not stayed.

Court Disposition

Application to stay Counts 1 and 2 dismissed.

Orders

  • Defence application to stay Counts 1 and 2 is dismissed.
  • Counts 1 and 2 remain on the indictment and may proceed to trial.