R. v. Shanks, (1980) 19 A.R. 499 (QB)
Judge | Moore, J. |
Court | Court of Queen's Bench of Alberta (Canada) |
Case Date | January 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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