R. v. Shanks, (1980) 19 A.R. 499 (QB)

JudgeMoore, J.
CourtCourt of Queen's Bench of Alberta (Canada)
Case DateJanuary 04, 1980
Citations(1980), 19 A.R. 499 (QB)

R. v. Shanks (1980), 19 A.R. 499 (QB)

MLB headnote and full text

R. v. Shanks

(79-01-A-365)

Indexed As: R. v. Shanks

Alberta Court of Queen's Bench

Moore, J.

January 4, 1980.

Summary:

This headnote contains no summary.

Criminal Law - Topic 783

Sexual offences, public morals and disorderly conduct - Soliciting - What constitutes - The accused was charged with soliciting for the purpose of prostitution contrary to s. 195.1 of the Criminal Code - The accused approached five different male persons between 11:30 p.m. and midnight - Each of the first four men left after a brief conversation - The last man, a plain clothes policeman, was asked if he wanted to go out and was given a price and place to meet the accused - The trial judge dismissed the charge and held that there was no pressure or persistence on the accused's part and merely making herself available for prostitution did not constitute soliciting - The Crown appealed - The Alberta Court of Queen's Bench dismissed the appeal and affirmed the trial judge's decision - See paragraphs 18 to 20.

Criminal Law - Topic 783

Sexual offences, public morals and disorderly conduct - Soliciting - What constitutes - The accused was charged with soliciting for the purpose of prostitution contrary to s. 195.1 of the Criminal Code - The accused approached five different male persons between 11:30 p.m. and midnight - Each of the first four men left after a brief conversation - The last man, a plain clothes policeman, was asked by the accused if he wanted to go out and was given a price and place to meet the accused - The trial judge dismissed the charge and held that there was no pressure or persistence on the accused's part and merely making herself available for prostitution did not constitute soliciting - The Crown appealed on the ground that the cumulative effect of five separate encounters amounted to pressure or persistence - The Alberta Court of Queen's Bench dismissed the appeal - The Queen's Bench held that each encounter must be looked at separately to determine if the elements of pressure or persistence existed and in this case they did not - See paragraph 20.

Cases Noticed:

R. v. Hutt (1978), 19 N.R. 331; [1978] 2 W.W.R. 247 [para. 9].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 195.1 [para. 2].

Authors and Works Noticed:

Shorter Oxford Dictionary [para. 17].

Counsel:

M.A. Malabre, for the appellant;

A.R. Managh, for the respondent (accused).

This case was heard by MOORE, J., of the Alberta Court of Queen's Bench.

On January 4, 1980, MOORE, J., delivered the following judgment:

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