R. v. Coburn

R. v. Coburn

Conviction under s.286.1(1): Crown proved beyond a reasonable doubt that accused communicated for and obtained sexual services for consideration based on web history, text communications and circumstances; Acquittal on ss.151,271 and s.286.1(2): accused established an air of reality for a mistaken belief in age defence and Crown failed to disprove beyond a reasonable doubt that he honestly believed complainant was of legal age and that he took all reasonable steps to ascertain age, therefore criminal intent and absence of consent not proven.

Citation
2019 NSPC 49
Parties
Crown: Her Majesty the Queen; Accused: Paul Christopher Coburn
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 October 2019
Procedural Posture
Criminal / Trial Written Reasons/decision
Outcome
Guilty of Count 5 (s.286.1(1)); Not guilty of Counts 1-4 (ss.151,152 conceded,271,286.1(2))
Legal Topics
Mistake of Age, Consent, Communication for Sexual Services, Credibility, Internet/electronic Evidence
Source Language
English
Criminal Law Sexual Offences Evidence Mistake of Age Consent Communication for Sexual Services Credibility Internet/electronic Evidence

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Parties

Her Majesty the Queen

Crown

Paul Christopher Coburn

Accused

Procedural Posture

Criminal / Trial Written Reasons/decision

Legal Issues

  1. 1 Whether accused's communications were for the purpose of obtaining sexual services or he obtained sexual services for consideration
  2. 2 Whether accused has an honest mistaken belief in the complainant's age and took all reasonable steps to ascertain age (s.150.1)
  3. 3 Whether complainant consented and whether accused had an honest belief in communicated consent

Ratio Decidendi

Conviction under s.286.1(1): Crown proved beyond a reasonable doubt that accused communicated for and obtained sexual services for consideration based on web history, text communications and circumstances; Acquittal on ss.151,271 and s.286.1(2): accused established an air of reality for a mistaken belief in age defence and Crown failed to disprove beyond a reasonable doubt that he honestly believed complainant was of legal age and that he took all reasonable steps to ascertain age, therefore criminal intent and absence of consent not proven.

Court Disposition

Guilty of Count 5 (s.286.1(1)); Not guilty of Counts 1-4 (ss.151,152 conceded,271,286.1(2))