R. v. G.G.R., (1990) 86 Nfld. & P.E.I.R. 133 (NFPC)

• Judge: Handrigan, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: October 05, 1990
• Jurisdiction: Newfoundland and Labrador
• Citations: (1990), 86 Nfld. & P.E.I.R. 133 (NFPC)

R. v. G.G.R. (1990), 86 Nfld. & P.E.I.R. 133 (NFPC);

    268 A.P.R. 133

MLB headnote and full text

Her Majesty The Queen v. G.G.R.

(1990 No. 1963)

Indexed As: R. v. G.G.R.

Newfoundland Provincial Court

Judicial Centre of Grand Bank

Handrigan, P.C.J.

October 19, 1990.

Summary:

The accused was charged with sexual interference under s. 151 of the Criminal Code. The accused drove his nephew and a friend to their homes. The friend, a 12 year old girl, alleged that the accused put his arm around her shoulders and pulled her to his side. The accused did that twice before dropping the girl off at her home. The accused submitted that his actions were innocent and had no sexual connotation. The accused claimed that he merely wanted the girl's company while he drove the car to warm it up. The accused also submitted that the provision contravened ss. 7 and 11(d) of the Charter because of vagueness.

The Newfoundland Provincial Court convicted the accused.

Civil Rights - Topic 8546

Canadian Charter of Rights and Freedoms - Interpretation - Life, liberty and security of the person - Section 151 of the Criminal Code stated that anyone who touched the body of a person under 14 years of age, for sexual purposes, was guilty of the offence of sexual interference - An accused submitted that the provision contravened ss. 7 and 11(d) of the Charter because it failed to adequately define "sexual purposes" - The Newfoundland Provincial Court held that the Charter was not contravened - The provision was self-explanatory and was to be judged on an objective standard using the reasonable man test - See paragraphs 22 to 25 and 37.

Criminal Law - Topic 706

Sexual offences - Sexual interference with young person - One February evening, the accused, a 42 year old male, gave a ride to his nephew and the nephew's friend - The accused dropped the nephew off, then proceeded to the friend's home - The accused invited the friend, a 12 year old girl, to share the front seat and warm up - The accused put his arm around the girl's shoulder and pulled her to his side - The accused drove to a gravel pit and repeated the conduct - The accused was charged with sexual interference under s. 151 of the Code - The accused submitted that his actions had no sexual connotation - The Newfoundland Provincial Court convicted the accused.

Criminal Law - Topic 706

Sexual offences - Sexual interference with young person - [See Civil Rights - Topic 8546 ].

Cases Noticed:

R. v. Laughlin (No. 1) (1989), 79 Sask.R. 90, appld. [para. 22].

R. v. Chase, [1987] 2 S.C.R. 293; 80 N.R. 247; 82 N.B.R.(2d) 229; 208 A.P.R. 229, refd to. [para. 25].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7, sect. 11(d) [para. 22].

Criminal Code of Canada, R.S.C. 1985, c. C-46, sect. 151, generally.

Counsel:

Terry, D. White, for the Crown;

Donald A. MacBeath, for the defendant.

This matter was heard on October 5, 1990, by Handrigan, P.C.J., of the Newfoundland Provincial Court, Judicial Centre of Grand Bank, who delivered the following judgment on October 19, 1990.