R. v. J.C.B., 2012 SKQB 129

• Judge: Gabrielson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: March 30, 2012
• Jurisdiction: Saskatchewan
• Citations: 2012 SKQB 129;(2012), 394 Sask.R. 312 (QB)

R. v. J.C.B. (2012), 394 Sask.R. 312 (QB)

MLB headnote and full text

Temp. Cite: [2012] Sask.R. TBEd. AP.029

Her Majesty the Queen v. J.C.B.

(2010 Q.B.N.J. No. 18; 2012 SKQB 129)

Indexed As: R. v. J.C.B.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Gabrielson, J.

March 30, 2012.

Summary:

The accused was charged with sexual assault (s. 271 of the Criminal Code), sexual interference (s. 151) and sexual exploitation of a young person (s. 153). The complainant was under the age of 16 years when the offences allegedly occurred.

The Saskatchewan Court of Queen's Bench convicted the accused of sexual assault. While the Crown had proven all of the elements of the sexual interference charge, the court entered a conditional stay, applying the Kienapple principle. The accused was not guilty of sexual exploitation.

Editor's Note: For a related decision involving this accused, see (2011), 382 Sask.R. 267.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 76

General principles - Res judicata (multiple convictions for same subject matter precluded) - General principles - [See Criminal Law - Topic 670 ].

Criminal Law - Topic 670

Sexual offences, public morals and disorderly conduct - Sexual offences - Rape or sexual assault - Sexual assault defined - The accused was charged with sexual assault (s. 271 of the Criminal Code), sexual interference (s. 151) and sexual exploitation of a young person (s. 153) - The complainant was under the age of 16 years when the offences allegedly occurred - The Saskatchewan Court of Queen's Bench convicted the accused of sexual assault - Due to the accused's age, consent was not an issue - The court was satisfied that the accused had sexual intercourse with the complainant on at least three occasions - As this constituted touching for a sexual purpose and the Crown had proven that the complainant was under 16 years old, the Crown had also proven all of the elements of the sexual interference charge - However, the Kienapple principle applied as the two charges arose from the same set of circumstances - The court entered a conditional stay on the sexual interference charge - Finally, an essential element of the sexual exploitation charge was that the complainant was a "young person" within the meaning of s. 153(1): "a person 16 years of age or more but under the age of 18 years" - As the complainant here was not yet 16, the Crown had not proven one of the essential elements of the charge - The accused was not guilty of sexual exploitation.

Criminal Law - Topic 703

Sexual offences, public morals and disorderly conduct - Sexual offences - Particular offences - Sexual exploitation of young person - [See Criminal Law - Topic 670 ].

Criminal Law - Topic 706

Sexual offences, public morals and disorderly conduct - Sexual offences - Particular offences - Sexual interference with young person - [See Criminal Law - Topic 670 ].

Cases Noticed:

R. v. Lifchus (W.) (1997), 216 N.R. 215; 118 Man.R.(2d) 218; 149 W.A.C. 218; 118 C.C.C.(3d) 1 (S.C.C.), refd to. [para. 5].

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352; 63 C.C.C.(3d) 397, appld. [para. 5].

R. v. B.G.S. (2010), 346 Sask.R. 150; 477 W.A.C. 150; 2010 SKCA 24, refd to. [para. 8].

R. v. Kienapple, [1975] 1 S.C.R. 729; 1 N.R. 322, appld. [para. 11].

Counsel:

Buffy L. Rodgers and Tamara A. Rock, for the Crown;

Kevin B. Lieslar, for the defence.

This case was heard by Gabrielson, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following oral decision on March 30, 2012.