R. v. R.S.H.

R. v. R.S.H.

The term "exhibition" in s.175(1)(b) denotes a display or showing to a wider audience — conduct of arranging, providing or causing an indecent display — rather than the private act of an individual exposing his genitalia to a single intended participant; therefore the accused's conduct, while indecent in context, did not meet the elements of s.175(1)(b) and he must be acquitted of that charge.

Citation
2013 NSPC 129
Parties
Crown: Her Majesty the Queen; Accused: R. S. H.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 November 2013
Procedural Posture
Criminal / Trial Decision (acquittal)
Outcome
Acquitted of offence under s.175(1)(b) of the Criminal Code
Legal Topics
Indecent Exhibition, Indecent Act, Sexual Exposure, Community Standard of Tolerance, Statutory Interpretation, Burden of Proof, W.(d) Credibility Directions, Distinction Between Exhibition and Act
Source Language
English
Criminal Law Sexual Offences Public Order Statutory Interpretation Indecent Exhibition Indecent Act Sexual Exposure Community Standard of Tolerance +3 more

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Parties

Her Majesty the Queen

Crown

R. S. H.

Accused

Procedural Posture

Criminal / Trial Decision (acquittal)

Legal Issues

  1. 1 Whether the accused's conduct fell within s.175(1)(b) Criminal Code ("openly exposes or exhibits an indecent exhibition")
  2. 2 Whether the conduct was properly charged under s.173(1)(a) (indecent act) instead
  3. 3 Whether the accused honestly and reasonably believed the complainant was a willing participant

Ratio Decidendi

The term "exhibition" in s.175(1)(b) denotes a display or showing to a wider audience — conduct of arranging, providing or causing an indecent display — rather than the private act of an individual exposing his genitalia to a single intended participant; therefore the accused's conduct, while indecent in context, did not meet the elements of s.175(1)(b) and he must be acquitted of that charge.

Court Disposition

Acquitted of offence under s.175(1)(b) of the Criminal Code

Orders

  • Not guilty under s.175(1)(b) Criminal Code; accused acquitted of charge