R. v. Foster, (1984) 54 A.R. 372 (CA)

• Court: Court of Appeal (Alberta)
• Case Date: June 15, 1984
• Citations: (1984), 54 A.R. 372 (CA)

R. v. Foster (1984), 54 A.R. 372 (CA)

MLB headnote and full text

R. v. Foster

(No. 8303 7192A)

Indexed As: R. v. Foster

Alberta Court of Appeal

Laycraft and Harradence, JJ.A., and McDonald, J.(ad hoc)

June 15, 1984.

Summary:

The accused was convicted of living off the avails of prostitution, contrary to s. 195(1)(j) of the Criminal Code of Canada and sentenced to 2.5 years' imprisonment. The accused appealed against sentence.

The Alberta Court of Appeal dismissed the appeal.

Criminal Law - Topic 5830

Sentencing - Considerations - Foreign sentencing cases - The Alberta Court of Appeal considered English sentencing cases in reviewing a sentence on a conviction for living off the avails of prostitution, contrary to s. 195(1)(j) of the Criminal Code of Canada - The court stated that although resort to English cases was ordinarily of no assistance "reference to English cases, if prudently exercised, may at least illustrate considerations that are appropriately taken into account in deciding the quantum of sentence", where Canadian cases were scarce and provided little guidance as to the relevant principles - See paragraph 14.

Criminal Law - Topic 5907

Sentence - Prostitution - Living off the avails of - The accused convinced a 16 year old girl to go with him to Edmonton to work as a prostitute - Although not of chaste character, the girl was not previously a prostitute - The girl and the accused were arrested after the second night, after she earned $500 - There was no evidence of violence, coercion or duress - The accused had six previous convictions, none related to prostitution - The Alberta Court of Appeal affirmed a sentence of 2.5 years' imprisonment for living off the avails of prostitution, contrary to s. 195(1)(j) of the Criminal Code of Canada - See paragraphs 1 to 24.

Cases Noticed:

R. v. Odgers, [1978] 1 W.W.R. 312; 37 C.C.C.(2d) 354; 7 A.R. 192 (C.A.), consd. [para. 9].

R. v. Harder (1980), 21 A.R. 102, consd. [para. 10].

R. v. Williams (1935), 63 C.C.C. 360 (B.C. Co. Ct.), consd. [para. 12].

R. v. Fitzgerald (1956), 23 C.R. 333 (Ont. C.A.), consd. [para. 12].

R. v. Santoro, [1964] Que. Q.B. 335 (Que. C.A.), consd. [para. 12].

R. v. Novasad (1939), 72 C.C.C. 21 (Sask. C.A.), consd. [para. 12].

R. v. Symonds (1962), 39 C.R. 81 (Que. C.A.), consd. [para. 12].

R. v. Braithwaite (1981), 49 N.S.R.(2d) 10; 96 A.P.R. 10 (N.S.C.A.), consd. [para. 13].

R. v. Hassan Ben Mohammed (1974), 60 Cr. App. R. 148 (C.A.), consd. [para. 15].

R. v. Julienne and Weaver (1971), 55 Cr. App. R. 426 (C.A.), consd. [para. 16].

R. v. Spence, [1982] 4 Cr. App. R. (Sentencing) 63, consd. [para. 17].

R. v. Luke, [1980] 2 Cr. App. R. (Sentencing) 232 (C.A.), consd. [para. 19].

R. v. Hilton, [1982] 4 Cr. App. R. (Sentencing) 184 (C.A.), consd. [para. 20].

R. v. Jackson and Sullivan, [1982] Cr. App. R. (Sentencing) 286 (C.A.), consd. [para. 21].

Authors and Works Noticed:

Thomas on Sentencing (2nd Ed., 1979), pp. 130-132 [para. 22].

Counsel:

P.G. Parker, for the accused.

J.S. Koval, for the Crown.

This appeal was heard before Laycraft and Harradence, JJ.A., and McDonald, J.(ad hoc), of the Alberta Court of Appeal.