R. v. Wilson (B.), (1997) 34 O.T.C. 91 (GD)

JudgeKilleen, J.
CourtOntario Court of Justice General Division (Canada)
Case DateJanuary 02, 1997
JurisdictionOntario
Citations(1997), 34 O.T.C. 91 (GD)

R. v. Wilson (B.) (1997), 34 O.T.C. 91 (GD)

MLB headnote and full text

Temp. Cite: [1997] O.T.C. TBEd. AP.120

Her Majesty The Queen v. Buryl Wilson

(File No. 3771)

Indexed As: R. v. Wilson (B.)

Ontario Court of Justice

General Division

Killeen, J.

January 2, 1997.

Summary:

A court composed of a judge and jury found Wilson, a school teacher, guilty of one count of gross indecency and three counts of obtaining for consideration the sexual services of a person aged less than 18 years. The gross indecency offence occurred between 1980 and 1982. The other offences occurred in the early 1990's. Wilson, now aged 53, became unemployed shortly after having been arrested for the offences.

The Ontario Court (General Division) sentenced Wilson to concurrent jail terms of six months for each count. The court considered the purpose and principles of sentencing found in ss. 718 et seq. of the Criminal Code, including the principle of nondeprivation of liberty if less restrictive sanctions are appropriate. The court stated that, "absent very exceptional circumstances involving, for example, extreme age or illness, persons like this accused must be sentenced to periods of incarceration. If this were not so, the offence would become toothless and would not serve its ends in our communities".

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - See paragraphs 18 to 22.

Criminal Law - Topic 5905

Sentence - Gross indecency - See paragraphs 1 to 29.

Criminal Law - Topic 5919

Sentence - Prostitution or sexual intercourse, procuring - See paragraphs 1 to 29.

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 212(4) [para. 1]; sect. 718 [para. 3]; sect. 718.1 [para. 5]; sect. 718.2(D), sect. 718.2(E) [para. 6].

Counsel:

M. Thompson, for the Crown;

M. O'Malley, for the accused.

This sentencing hearing took place before Killeen, J., of the Ontario Court (General Division).

Killeen, J., delivered the following decision orally on January 2, 1997.

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