R. v. Odgers (J.A.), (2006) 400 A.R. 322 (PC)

• Judge: J.D.B. McDonald, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: June 15, 2006
• Citations: (2006), 400 A.R. 322 (PC);2006 ABPC 163

R. v. Odgers (J.A.) (2006), 400 A.R. 322 (PC)

MLB headnote and full text

Temp. Cite: [2006] A.R. TBEd. JL.009

Her Majesty the Queen v. Joseph Alfred Odgers (040728446P10105; 2006 ABPC 163)

Indexed As: R. v. Odgers (J.A.)

Alberta Provincial Court

J.D.B. McDonald, P.C.J.

June 27, 2006.

Summary:

The accused pled guilty to living on the avails of prostitution of another person (Criminal Code, s. 212(1)).

The Alberta Provincial Court sentenced the accused to 15 months' imprisonment.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - The 86 year old accused pled guilty to living on the avails of prostitution of another person - The accused had young women working as prostitutes in his home for which he received $20 for each sexual service that the girls performed in his residence - The accused used these proceeds to supplement his old age pension - The accused did not engage in violence and the girls were not under duress or coerced in any manner - The accused had a prior related record as he was convicted in 1977 of three counts of living on the avails of prostitution - The Alberta Provincial Court sentenced the accused to 15 months' imprisonment - A conditional sentence was inappropriate where there was a real likelihood that the accused would reoffend while on a conditional sentence order - Further, the sentencing principles of deterrence and denunciation could not be met by a conditional sentence - The accused's age was not a proper consideration given the circumstances.

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5841

Sentencing - Considerations on imposing sentence - Age of accused - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5907

Sentence - Prostitution - Living on the avails of - [See Criminal Law - Topic 5720.4 ].

Cases Noticed:

R. v. Foster (1984), 54 A.R. 372; 13 C.C.C.(3d) 435 (C.A.), refd to. [para. 4].

R. v. Bulleyment (1979), 46 C.C.C.(2d) 429, refd to. [para. 4].

R. v. A.R. (1998), 220 A.R. 253 (Prov. Ct.), refd to. [para. 5].

R. v. Miller (R.N.) (1997), 40 O.T.C. 17 (Gen. Div.), refd to. [para. 5].

R. v. Tang (P.) (1997), 200 A.R. 70; 146 W.A.C. 70 (C.A.), refd to. [para. 5].

R. v. Odgers, [1978] 1 W.W.R. 312; 7 A.R. 192 (C.A.), refd to. [para. 13, footnote 1].

R. v. Proulx (J.K.D.), [2000] 1 S.C.R. 61; 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161, refd to. [para. 24].

Counsel:

P. Barley, for the Crown;

J. Hooker, for the defence.

This case was heard on January 24 and June 15, 2006, by J.D.B. McDonald, P.C.J., of the Alberta Provincial Court, who delivered the following reasons for sentence on June 27, 2006.