R v Wallace

R v Wallace

Text messages between Wallace and AC established communication to obtain sexual services for consideration on 20 November 2018; Wallace failed to take all reasonable steps to ascertain AC's age despite prior knowledge raising red flags, satisfying elements of s.286.1(2) for AC and, as amended, for SC based on communication; reasonable doubt existed as to alleged August-September contacts and as to whether Wallace had sexual contact with SC, leading to acquittals on those counts.

Citation
2021 NSPC 65
Parties
Crown: Her Majesty the Queen; Accused: Bryden Joshua David Wallace
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 July 2021
Procedural Posture
Criminal Sexual Offences / Trial Verdict
Outcome
Guilty on case 8313270 (obtaining for consideration sexual services of AC on 20 Nov 2018) and guilty on case 8313275 as amended (communicating with AC to obtain sexual services of SC on 20 Nov 2018); Not guilty on cases 8313261-9 and 8313273-4; Sentencing adjourned for preparation of presentence report.
Legal Topics
Publication Ban, Obtaining Sexual Services of a Minor, Mistake of Age, Electronic Evidence Authentication, Prior Inconsistent Statements, Reasonable Doubt, Amendment of Indictment
Source Language
English
Criminal Law Sexual Offences Evidence Law Publication Ban Obtaining Sexual Services of a Minor Mistake of Age Electronic Evidence Authentication Prior Inconsistent Statements +2 more

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Parties

Her Majesty the Queen

Crown

Bryden Joshua David Wallace

Accused

Procedural Posture

Criminal Sexual Offences / Trial Verdict

Legal Issues

  1. 1 Whether accused had sexual contact with AC between August-September 2018
  2. 2 Whether sexual contact with AC on 20 November 2018 constituted obtaining sexual services for consideration under s.286.1(2)
  3. 3 Whether accused knew AC was under 18 or failed to take all reasonable steps to ascertain her age

Ratio Decidendi

Text messages between Wallace and AC established communication to obtain sexual services for consideration on 20 November 2018; Wallace failed to take all reasonable steps to ascertain AC's age despite prior knowledge raising red flags, satisfying elements of s.286.1(2) for AC and, as amended, for SC based on communication; reasonable doubt existed as to alleged August-September contacts and as to whether Wallace had sexual contact with SC, leading to acquittals on those counts.

Court Disposition

Guilty on case 8313270 (obtaining for consideration sexual services of AC on 20 Nov 2018) and guilty on case 8313275 as amended (communicating with AC to obtain sexual services of SC on 20 Nov 2018); Not guilty on cases 8313261-9 and 8313273-4; Sentencing adjourned for preparation of presentence report.

Orders

  • Publication ban under s.486.4 Criminal Code prohibiting identification of complainants
  • Amendment of count 8313275 to allege communication with AC for purpose of obtaining sexual services of SC contrary to s.286.1(2) Criminal Code