Jump to content

Breach of Section 161 Orders (Sentencing Cases)

From Criminal Law Notebook
This page was last substantively updated or reviewed April 2023. (Rev. # 97645)

Offence Wording

161
[omitted (1), (1.1), (2) and (3)]

Offence

(4) Every person who is bound by an order of prohibition and who does not comply with the order is guilty of

(a) an indictable offence and is liable to imprisonment for a term of not more than four years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 161 R.S., 1985, c. 19 (3rd Supp.), s. 4; 1993, c. 45, s. 1; 1995, c. 22, s. 18; 1997, c. 18, s. 4; 1999, c. 31, s. 67; 2002, c. 13, s. 4; 2005, c. 32, s. 5; 2008, c. 6, s. 54; 2012, c. 1, s. 16; 2014, c. 21, s. 1, c. 25, s. 5; 2015, c. 23, s. 6; 2019, c. 25, s. 55.

CCC (CanLII), (DOJ)


Note up: 161(4)

Decisions

Case Name Prv. Crt. Sentence Summary
R v Ward, 2023 NSPC 5 (CanLII), per Begin J NS PC 18 months imprisonment
Find summaries of case.
Keywords: None
R v Monteath, 2022 ONSC 7187 (CanLII) ON SC 3 years, 2 months
R v Benson, 2022 ONCJ 370 (CanLII), per Green J ON PC 12 months imprisonment "In Benson, the accused had 2007 convictions for 20 counts of sexual assault involving adolescent girls and some women. Following a period of incarceration, he was released in 2008, after which he was bound by a 10-year s. 161 order. His partner opened a home daycare in 2012 and ran it until 2019. Investigation revealed that Mr. Benson had been left alone with children at the daycare on multiple occasions. Mr. Benson was convicted under s. 161 of breaching the order and under s. 171.1 of showing pornography to a four-year old child at the daycare, for the purpose of facilitating sexual interference or invitation to sexual touching. He received a global sentence of two years less a day plus three years of probation." [1]
Find summaries of case.
Keywords: None
R v Buschemeyer, 2021 ABQB 1008 (CanLII), per Gates J AB SC 18 months imprisonment
Find summaries of case.
Keywords: None
R v IP, 2020 ONSC 1754 (CanLII), per Sosna J ON SC 12 months imprisonment
Find summaries of case.
Keywords: None
R v RM, 2019 ONCJ 435 (CanLII), per Konyer J ON PC CSO
Find summaries of case.
Keywords: None
R v Fitzpatrick, 2019 ONSC 2407 (CanLII), per Byrne J ON SC 12 months
Find summaries of case.
Keywords: None
R v FB, 2018 ONSC 5812 (CanLII), per Shaw J ON SC 6 months
Find summaries of case.
Keywords: None
R v Exell, 2015 ONCA 704 (CanLII), per curiam ON CA 6 months
Find summaries of case.
Keywords: None
R v Billings, 2014 ABPC 124 (CanLII), per Redman J AB PC 3 months
Find summaries of case.
Keywords: None

See Breach of Section 161 Orders (Offence)