R. v. Lorenz (C.A.M.), 2012 SKQB 293
| Judge | Schwann, J. |
| Court | Court of Queen's Bench of Saskatchewan (Canada) |
| Case Date | July 26, 2012 |
| Jurisdiction | Saskatchewan |
| Citations | 2012 SKQB 293;(2012), 402 Sask.R. 38 (QB) |
R. v. Lorenz (C.A.M.) (2012), 402 Sask.R. 38 (QB)
MLB headnote and full text
Temp. Cite: [2012] Sask.R. TBEd. AU.046
Her Majesty the Queen v. Corey Allan Mathias Lorenz
(2011 NJ No. 79; 2012 SKQB 293)
Indexed As: R. v. Lorenz (C.A.M.)
Saskatchewan Court of Queen's Bench
Judicial Centre of Regina
Schwann, J.
July 26, 2012.
Summary:
The accused was charged with making available to others child pornographic videos and images (Criminal Code, s. 163.1(3)) and possession of child pornographic videos and images (s. 163.1(4)). The accused pleaded guilty to the possession charge at the commencement of proceedings and the trial proceeded on the "making available" charge alone.
The Saskatchewan Court of Queen's Bench acquitted the accused of making child pornographic videos and images available to others.
Criminal Law - Topic 575.2
Sexual offences, public morals and disorderly conduct - Public morals - Obscenity - Distribution of child pornography (incl. making available, possession for the purpose of distribution or sale, etc.) - The accused was charged with making available to others child pornographic videos and images (Criminal Code, s. 163.1(3)) - The Saskatchewan Court of Queen's Bench acquitted the accused - The Crown had proved the actus reus of the offence - While there was no evidence of active or direct sharing, the accused had child pornography in his shared folder on his computer and features of the 360 Share Pro program that the accused had installed on his computer allowed others on the network from which he obtained child pornography to download images from his computer (the settings were not adjusted to disable the uploading feature) - However, the court held that the mens rea of the offence had not been established where it accepted that the accused was unaware that others could access his files through the file sharing software.
Criminal Law - Topic 584
Sexual offences, public morals and disorderly conduct - Public morals - Obscenity - Mens rea or intention - [See Criminal Law - Topic 575.2 ].
Cases Noticed:
R. v. Johannson (S.B.) (2008), 335 Sask.R. 22; 2008 SKQB 451, dist. [para. 40].
R. v. Spencer (M.D.) (2011), 377 Sask.R. 280; 528 W.A.C. 280; 2011 SKCA 144, dist. [para. 47].
R. v. Lifchus (W.), [1997] 3 S.C.R. 320; 216 N.R. 215; 118 Man.R.(2d) 218; 149 W.A.C. 218; 150 D.L.R.(4th) 733, refd to. [para. 50].
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. 51].
R. v. Benson (A.J.) (2012), 385 Sask.R. 164; 536 W.A.C. 164; 2012 SKCA 4, dist. [para. 56].
Counsel:
Roger V. De Corby, for the Crown;
Michael S. Scott, for the accused.
This case was heard by Schwann, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following decision on July 26, 2012
To continue reading
Request your trial
-
R v Spencer, 2017 SKCA 54
...a critical component of the reasoning process: see, for example, R v Jeffrey, 2012 SKPC 12 at paras 76 to 85, 383 Sask R 287; R v Lorenz, 2012 SKQB 293 at paras 52 to 59, 402 Sask R and R v Douglas, 2013 SKQB 33 at paras 72 to 76, 410 Sask R 38. As the evidence showed, Mr. Spencer was not a......
-
R. v. Lorenz (C.A.M.), (2012) 402 Sask.R. 51 (QB)
...and the trial proceeded on the "making available" charge alone. The Saskatchewan Court of Queen's Bench, in a decision reported at (2012), 402 Sask.R. 38, acquitted the accused of making child pornographic videos and images available to The Saskatchewan Court of Queen's Bench sentenced the ......
-
R. v. Kroeker (D.J.), (2014) 456 Sask.R. 41 (QB)
...SKPC 98, refd to. [para. 22]. R. v. Johannson (S.B.) (2009), 330 Sask.R. 51; 2009 SKQB 12, consd. [para. 23]. R. v. Lorenz (C.A.M.) (2012), 402 Sask.R. 38; 2012 SKQB 293, refd to. [para. Loreley Berra, for the Crown; Adrian S. McBride, for the accused. This matter was heard before Keene, J.......
-
R. v. Varty (D.), 2015 SKQB 199
..., though, has since been superceded by the Court of Appeal's decision in Spencer with regard to the mens rea element. [62] R. v. Lorenz , 2012 SKQB 293, 402 Sask R 38, followed Spencer . Although Mr. Lorenz was acquitted on the "making available" charge because the requisite intent was not ......
-
R v Spencer, 2017 SKCA 54
...a critical component of the reasoning process: see, for example, R v Jeffrey, 2012 SKPC 12 at paras 76 to 85, 383 Sask R 287; R v Lorenz, 2012 SKQB 293 at paras 52 to 59, 402 Sask R and R v Douglas, 2013 SKQB 33 at paras 72 to 76, 410 Sask R 38. As the evidence showed, Mr. Spencer was not a......
-
R. v. Lorenz (C.A.M.), (2012) 402 Sask.R. 51 (QB)
...and the trial proceeded on the "making available" charge alone. The Saskatchewan Court of Queen's Bench, in a decision reported at (2012), 402 Sask.R. 38, acquitted the accused of making child pornographic videos and images available to The Saskatchewan Court of Queen's Bench sentenced the ......
-
R. v. Varty (D.), 2015 SKQB 199
..., though, has since been superceded by the Court of Appeal's decision in Spencer with regard to the mens rea element. [62] R. v. Lorenz , 2012 SKQB 293, 402 Sask R 38, followed Spencer . Although Mr. Lorenz was acquitted on the "making available" charge because the requisite intent was not ......
-
R. v. Kroeker (D.J.), (2014) 456 Sask.R. 41 (QB)
...SKPC 98, refd to. [para. 22]. R. v. Johannson (S.B.) (2009), 330 Sask.R. 51; 2009 SKQB 12, consd. [para. 23]. R. v. Lorenz (C.A.M.) (2012), 402 Sask.R. 38; 2012 SKQB 293, refd to. [para. Loreley Berra, for the Crown; Adrian S. McBride, for the accused. This matter was heard before Keene, J.......