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ELEMENTS OF THE OFFENCE - Mens rea

Tuesday, April 02, 2019 @ 8:39 AM  


Lexis Advance® Quicklaw®
Trial of the accused charged with arranging with another person to commit sexual offences against an 11-year-old girl. The accused posted an online advertisement seeking a sexual encounter with a mother and daughter. A police officer, posing as a mother with an 11-year-old daughter, responded to the advertisement. Through several emails and texts, a plan was formed in which the mother and daughter were to meet the accused at a hotel on a particular date to engage in sexual activity together. When the accused arrived at the hotel, he was arrested. The accused admitted to the police that he intended for the officer to take his words seriously but submitted the arrangement concerning the child constituted fantasy role play.

HELD: The accused was convicted. The mens rea of the offence did not require the accused to have the specific purpose of facilitating the commission of the secondary offence, being the sexual touching of the child. It was enough that the accused intended for his communication to be taken seriously by the recipient. He had not engaged in the type of pure fantasy role play that would allow him to escape liability.

R. v. Olynick, [2019] S.J. No. 90, Saskatchewan Provincial Court, S.S. Anand Prov. Ct. J., March 1, 2019. Digest No. TLD-April12019004