Procuring and Living on the Avails of Prostitution (Sentencing Cases)

From Criminal Law Notebook


Case Name Prv. Crt. Sentence Summary
R v McPherson,
2013 ONSC 1635 (CanLII), per Baltman J
ON SC 3 years imprisonment Offender procured 19 year old girlfriend into prostitution.
R v Newman,
2009 NLCA 32 (CanLII), per Welsh JA
NL CA 36 months imprisonment

Seeking Services of Under-age Prostitutes

Case Name Prv. Crt. Sentence Summary
R c Boutin,
2012 QCCQ 5603 (CanLII), per DeCoste J
QC PC 2 years imprisonment
R v Johnson,
2008 SKQB 244 (CanLII)
SK SC 9 months imprisonment the offender offered the complainant sex in exchange for money and a job--offender was a gas station manager, prior record for interference--occurred over 3 years--video taped sex acts, including mutual masturbation and fellatio--also convicted of making child pornography (3 months)
R v Woodward,
2011 ONCA 610 (CanLII), 276 CCC (3d) 86, per Moldaver JA
ON CA 5.5 years imprisonment
R v Wasser,
2007 CanLII 23491 (ONSC), per Kiteley J
ON SC offender participated in sex with bondage with a 15 year old, spurred on by an 18 year old pimp--offender was unemployed trained engineer
R v Whitefish,
2007 SKCA 79 (CanLII), per Wilkinson JA
SK CA 18 months imprisonment 7 months credit given, offender offered $40 for sex with adopted step-sister 15 years old--confronted by wife, offender assaults her causing bodily harm
R v S. (G.E.),,
2007 MBCA 105 (CanLII), per Monnin JA
MB CA 1 year CSO offender met complainant through internet, offered a laptop for fellatio
R v Vanoirschot,
2006 SKCA 130 (CanLII), per Lane JA
SK CA 4 months imprisonment offender was 61 years old, no record--unsuccessful in trying to purchase sex from 17 year old prostitute
R v Aldea,
2005 SKQB 461 (CanLII), per Zarzecny J
SK SC 12 months imprisonment The offender picks up two underage prostitutes aged 16 and 17. They performed oral sex for money. Offender was a Catholic Priest.
R v Goohsen,
2000 SKCA 37 (CanLII), per Tallis JA
SK CA 4 months CSO
R v Kim,
2000 BCSC 1506 (CanLII), per Dillon J
BC SC 2.5 years imprisonment over a year, the offender picked up young prostitutes under 15, had sex with them and then threatened or assaulted them--paedophelic tendencies--2 years remand credit--also convicted of sexual assault, assault, threats and other offences.
R v Nathoo,
1999 ABCA 60 (CanLII), per Picard JA
AB CA 90 days jail undercover officer posed as 17 year old girl
R v Maheu,
1997 CanLII 10356 (QC CA), 116 CCC (3d) 361, per Rousseau-Houe JA
QC CA 12 months imprisonment teacher invited student to home, leant money and resulted in sexual activity. No remorse.
R v Kowtalo,
(1993), 85 Man. R. (2d) 239(*no CanLII links)
MB CA 60 days jail involved "streetwise" victims, no record.
R v MAR,
1990 CanLII 4257 (NSCA), per Hart JA
NS CA 6 months imprisonment each two instances of soliciting sex from boys under 16.

Procuring and Controlling Under-age Prostitutes

Case Name Prv. Crt. Sentence Summary
R v Ackman,
2016 MBQB 109 (CanLII), per Martin J
MB SC 15 years imprisonment (global)
6 years imprisonment (avails)
2 years (proceeds)
sex assault (3.5 to 4 years)
2 years (child porn)
R v Bloomfield,
2016 ONCA 447 (CanLII), per curiam
ON CA 18 months imprisonment The offender was convicted at trial of procuring a 14 year old female to become a prostitute. He was a youthful first time offender.
R v Byron,
2014 ONSC 990 (CanLII)
ON SC 6 years imprisonment procuring, living off avails and aiding person under age of 18 to engage in prostitution. Also convicted of human trafficking.
R v Husain,
2012 ONCA 697 (CanLII)
ON CA 5 years, 2 months (global) The offender was convicted of sexual assault and procuring a person under the age of 18 years.
R v Tynes,
2010 QCCQ 11298 (CanLII)
QC PC 34 months imprisonment (global)
R v B(K),
2004 CanLII 36124 (ON CA), 184 CCC (3d) 290
ON CA 4.5 years imprisonment living off avails of prostitutes under the age of 18. Overturned sentence of 5 years.
R v Barrington,
(2004), 25 CR (6th) 70(*no CanLII links)
12 to 18 months living off avails. discussion of ranges
R v Ng,
2008 BCCA 535 (CanLII), 241 CCC (3d) 340
BC CA 12 to 18 months (procure x2)
12 months (keeping)
R v Martinez,
1994 CanLII 4480 (NLSCTD)
NL SC 3 years imprisonment (global)
R v Sampson,
1994 CanLII 7589 (NS SC), [1994] NSJ No 355 (T.D.)
NS SC 3.5 years imprisonment Offender exercised control and lived on avails of 15 year old prostitute for several months.

Offender was 21 years old with an extensive criminal record, mostly for drug offences.

R v Grouse,
1994 CanLII 414 (ON CA), , 71 OAC 79
ON CA 9 years imprisonment (global)
4 years imprisonment (sex-related offences)
5 years (assault CBH)
Offender kept prostitutes in a state of near-slavery for 3 years
R v Bottyan,
1994 ABCA 163 (CanLII), [1994] AJ No 347 (CA)
AB CA 8 years imprisonment Offender was pimping several 14 year old girls, used violence at least once. Offender had a prior criminal record.
R v Beals,
1993 CanLII 4561 (NS SC), 124 N.S.R.(2d) 77 (T.D.)
NS SC 7 years imprisonment (global) Offender control and lived off avails of 17 year old prostitute. Offender was 36 years old and had extensive record including aggravated assault and obstruction.
R v Glasgow and Horne,
, [1993] OJ No 1502(*no CanLII links)
ON 3 to 3.5 years Offenders recruit 16 year old female as a "love slave". Offenders were 27 and 28 years old.
R v Harris,
, [1991] OJ No 2578(*no CanLII links)
ON 2, 3 years (avails)
8 years (global)
Offender operated a sophisticated call girl system and bawdy-house with teen prostitutes. Offender was 28 years old with no record.
R v Brown,
, 118 AR 72 (Alta. P. Ct.)(*no CanLII links)
AB PC 2.5 years imprisonment Offender procured a 17 year old female to become a prostitute for 3 weeks. Offender was 21 years old.
R v Downey,
1990 CanLII 2377 (NSCA), , 95 N.S.R.(2d) 32 (App. D.)
NS CA 16 months imprisonment (global)

Offender procured a 17-year-old female as a prostitute for several weeks. He threatened her not to leave. The offender was 21 years old with good employment history.

R v David,
(1989), 90 N.S.R.(2d) 97 (App. D.)(*no CanLII links)
NS CA 3 years imprisonment (avails)
1 years imprisonment (control)
Offender recruited a 16 year old female as prostitute for 4 days. No coercion found. Offender was 33 and had prior conviction for avails.

See Also