R. v. Phippard (R.)

• Jurisdiction: Newfoundland and Labrador
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Judge: Orr, P.C.J.
• Citation: (2005), 246 Nfld. & P.E.I.R. 265 (NLPC)
• Date: 07 February 2005

R. v. Phippard (R.) (2005), 246 Nfld. & P.E.I.R. 265 (NLPC);

  731 A.P.R. 265

MLB headnote and full text

Temp. Cite: [2005] Nfld. & P.E.I.R. TBEd. FE.007

Her Majesty the Queen v. Phippard

Indexed As: R. v. Phippard (R.)

Newfoundland and Labrador Provincial Court

Orr, P.C.J.

February 7, 2005.

Summary:

An accused was charged with inviting sexual touching and two counts of obtaining sexual services of a person under 18 for consideration.

The Newfoundland and Labrador Provincial Court found the accused guilty on one count of obtaining sexual services for consideration and acquitted him on the other charges.

Criminal Law - Topic 816

Sexual offences, public morals and disorderly conduct - Procuring - Offences involving persons under the age of 18 - An accused was charged with, inter alia, two counts of obtaining sexual services of a person under 18 for consideration - D.P. testified that she had sex with the accused and posed for nude pictures on many occasions - M.P. testified that she had pictures taken of her while she was performing a lesbian show and posing with a dildo - Both D.P. and M.P. testified that the accused undressed during or shortly after the photographs were taken and had sex with D.P. - The Newfoundland and Labrador Provincial Court stated that it was clear that the taking of nude photographs could be in some circumstances a sexual service - An objective observer would conclude that pictures taken in the manner described by D.P. and M.P. were a sexual service - See paragraphs 20 to 23.

Criminal Law - Topic 816

Sexual offences, public morals and disorderly conduct - Procuring - Offences involving persons under the age of 18 - An accused was charged with, inter alia, two counts of obtaining sexual services of a person under 18 for consideration (Criminal Code, s. 212(4)) - The Crown asserted that the offence required evidence of a specific agreement between the parties to make the consideration contingent on the provision of the sexual service - The Newfoundland and Labrador Provincial Court referred to four decisions, three of which supported the Crown's assertion - The court stated that to interpret s. 212(4) as requiring a specific agreement was consistent with the interpretation of the similarly worded s. 213(1) (communicating with a prostitute to obtain sexual services) - The court convicted the accused on one s. 212(4) count where the evidence established that there was an agreement that the accused would pay her for oral sex - The court acquitted the accused on the other s. 212(4) count where it was not established that the accused had obtained sexual services for consideration - See paragraphs 12 to 24 and 28 to 34.

Words and Phrases

Sexual services - The Newfoundland and Labrador Provincial Court discussed the meaning of this phrase as used in s. 212(4) of the Criminal Code, R.S.C. 1985, c. C-46 - See paragraphs 20 to 23.

Cases Noticed:

R. v. Fong (S.W.H.) (1994), 157 A.R. 73; 77 W.A.C. 73; 92 C.C.C.(3d) 171 (C.A.), refd to. [para. 11].

R. v. Vanderteems, [1991] O.J. No. 2525, refd to. [para. 6].

R. v. Lee, [1998] N.W.T.J. No. 113, refd to. [para. 17].

R. v. B.T.W., [2004] Nfld. & P.E.I.R. Uned 76; 2004 NLSCTD 136, refd to. [para. 18].

R. v. Treble, [1992] O.J. No. 384, refd to. [para. 18].

R. v. Pake (S.A.)(1995), 178 A.R. 53; 110 W.A.C. 53 (C.A.), refd to. [para. 19].

R. v. Dua (A.K.), [1999] O.T.C. Uned. B70 (Sup. Ct.), refd to. [para. 20].

R. v. Bedford (T.J.) (2000), 131 O.A.C. 101 (C.A.), refd to. [para. 21].

R. v. St. Onge (2001), 155 C.C.C.(3d) 517 (Que. C.A.), refd to. [para. 22].

R. v. L.T.P. (1997), 86 B.C.A.C. 20; 142 W.A.C. 20; 113 C.C.C.(3d) 42 (C.A.), refd to. [para. 24].

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, refd to. [para. 27].

R. v. Lifchus (W.), [1997] 3 S.C.R. 320; 216 N.R. 215; 118 Man.R.(2d) 218; 149 W.A.C. 218; 9 C.R.(5th) 1; 118 C.C.C.(3d) 1, refd to. [para. 30].

R. v. Starr (R.D.), [2000] 2 S.C.R. 144; 258 N.R. 250; 148 Man.R.(2d) 161; 224 W.A.C. 161; 147 C.C.C.(3d) 449, refd to. [para. 30].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 214(4) [para. 12].

Authors and Works Noticed:

Canada, Department of Justice, Special Committee Report on Pornography and Prostitution (1983), p. 60 [para. 13].

Counsel:

[not disclosed]

This matter was heard by Orr, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following decision orally at St. John's, Newfoundland and Labrador, on February 7, 2005.