Canada Case Law

R. v. Gray

Court

Nova Scotia Provincial Court

Global custody of 30 months is fit given the exploitation of a vulnerable adult over two periods totalling ~6 months, explicit and implicit threats, complete retention of victim's earnings, and high moral blameworthiness; credit of 423 days (approx. 14 months) served on remand yields 16 months remaining. Sentences imposed: s.286.2(1) 24 months less 14 months credit = 10 months going forward; s.279.02(1) 24 months concurrent less 14 months credit = 10 months concurrent; uttering threat s.264.1(1)(a) 6 months consecutive; advertising s.286.4 4 months concurrent. Probation 24 months with specifi…

Source excerpt

• Living off the avails
• Receiving benefit from trafficking
• Advertising sexual services
• Uttering threats
• Sentencing principles
• Probation

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R. v. Moazami

Court

Supreme Court of British Columbia

Sentencing reasons for Reza Moazami after convictions for multiple prostitution-related, sexual and trafficking offences involving 11 complainants. Global sentence: 23 years.

• Sexual exploitation
• Sexual assault
• Sexual interference
• Procuring
• Living off the avails of prostitution
• Human trafficking

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R. v. Moazami

Court

Supreme Court of British Columbia

On the evidence admitted (including electronic device data, Facebook messages, admissions and witness testimony) the Crown proved beyond a reasonable doubt that the accused lived parasitically off the avails of prostitution, procured and in instances trafficked and exploited multiple young persons, used coercion/intimidation/violence in respect of several complainants, and either knew or failed to take all reasonable steps to ascertain complainants' ages where required; accordingly the accused was convicted on multiple counts and acquitted on others where the Crown did not meet its burden.

Source excerpt

• Living off the avails of prostitution
• Procuring to become a prostitute
• Trafficking in persons
• Sexual interference
• Sexual exploitation
• Sexual assault

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R. v. Nicolaou

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal granted leave to appeal sentence and reduced the extortion sentence from five years to four, leaving the two-year sexual assault sentence consecutive.

• Sentencing principles
• Kienapple rule
• Totality principle
• Stay of proceedings
• Concurrent and consecutive sentences
• Scope of aggravating conduct

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R. v. Nicolaou

Court

British Columbia Court of Appeal

The Court upheld sexual assault and extortion convictions, but set aside the count 4 conviction and the count 3 stay, ordering a new trial on counts 3 and 4.

• Sexual assault
• Extortion
• Living on the avails of prostitution
• Aiding and abetting/compelling prostitution
• Presumption s.212(3)
• Credibility and w.(d.) assessment

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R. v. Nelson

Court

Court of Appeal for Ontario

The court held that any re‑examination was not improperly prejudicial, the complainant's inconsistent details were minor and did not undermine core credibility, evidence of post‑incident conduct was collateral and rightly excluded, the jury charge was adequate and a Vetrovec warning was not mandatory, Attorney General consent for the Part XXIV application was obtained and not fatal despite a misdescription not objected to at trial, and the ten‑year supervision order was within the sentencing judge's discretion; therefore the convictions, long‑term offender designation and supervision order st…

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• Prior consistent statement
• Refreshing memory
• Collateral evidence
• Jury charge adequacy
• Vetrovec warning
• Long-term offender designation

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R. v. Almond and Pandher

Court

Supreme Court of British Columbia

Harjinder Singh Pandher was sentenced to 12 months’ imprisonment for living off the avails of prostitution after the court rejected a conditional sentence.

• Living off the avails of prostitution (s.212(1)(j))
• Conditional sentence (s.742.1)
• Publication ban (s.486.4(1))
• Denunciation and deterrence
• Living-off-the-avails-of-prostitution
• Conditional-sentence

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R. v. Barrow

Court

Court of Appeal for Ontario

The appellant's escort agency constituted living on the avails because she rendered services and took a share of earnings in a business that would not exist but for the escorts' prostitution (parasitism satisfied); convictions for attempting to procure were supported as to Constable Urajnik but not to Sergeant Rollin; breach of probation was not proved; original custodial sentence was excessive and is replaced by fines.

Source excerpt

• Living on the avails of prostitution
• Attempting to procure
• Breach of probation
• Multiple convictions (kienapple)

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R. v. Amabile

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal allowed the appeal, set aside the conviction under s. 212(4), and entered an acquittal, rejecting substitution of a lesser offence.

• Prostitution
• Sexual services
• Mens rea
• Actus reus
• Lesser included offence
• Indictment amendment

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R. v. Rafuse

Court

Nova Scotia Court of Appeal

The Court dismissed the appeal because the trial judge accepted the complainant's evidence, there was evidence to support both convictions, and the verdict was one a properly instructed jury could reasonably have rendered; no legal error or reversible misassessment of evidence was demonstrated.

Source excerpt

• Influencing person to engage in prostitution
• Living on the avails of prostitution
• Credibility of witness
• Presumption under s.212(3)

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