Bestiality (Sentencing Cases): Difference between revisions
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[[fr:Bestialité (jurisprudence des peines)]] | |||
{{Currency2|January|2012}} | |||
{{LevelZero}}{{HeaderSentCases}} | {{LevelZero}}{{HeaderSentCases}} | ||
== | ==Offence Wording== | ||
{{OffencesBoxMini|Bestiality}} | {{OffencesBoxMini|Bestiality}} | ||
<div class="mw-collapsible mw-collapsed"> | |||
{{ | {{quotation2| | ||
; Bestiality | |||
160 (1) Every person who commits bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction. | |||
; Compelling the commission of bestiality | |||
(2) Every person who compels another to commit bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction. | |||
; Bestiality in presence of or by child | |||
(3) Despite subsection (1) {{AnnSec1|160(1)A}}, every person who commits bestiality in the presence of a person under the age of 16 years, or who incites a person under the age of 16 years to commit bestiality, | |||
:(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or | |||
:(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months. | |||
{{Removed|(4) and (5)}} | |||
; Application | |||
(6) Sections 740 to 741.2 {{AnnSec7|740 to 741.2}} apply, with any modifications that the circumstances require, to orders made under paragraph (4)(b) {{AnnSec1|160(4)(b)}}. | |||
; Definition of bestiality | |||
(7) In this section, '''"bestiality"''' means any contact, for a sexual purpose, with an animal. | |||
R.S., {{LegHistory80s|1985, c. C-46}}, s. 160; | |||
R.S., {{LegHistory80s|1985, c. 19 (3rd Supp.)}}, s. 3; | |||
{{LegHistory00s|2008, c. 6}}, s. 54; | |||
{{LegHistory10s|2012, c. 1}}, s. 15; | |||
{{LegHistory10s|2015, c. 23}}, s. 5; | |||
{{LegHistory10s|2019, c. 17}}, s. 1. | |||
{{Annotation}} | |||
|{{CCCSec2|160}} | |||
|{{NoteUp|160|1|2|3|6|7}} | |||
}} | |||
</div> | |||
==Bestiality== | |||
{{SCaseHeaderLong}} | |||
{{ | {{SpanYear2|2010}} | ||
{{SCaseLong| {{CanLIIR-S|LMR|2ct05|2010 ABCA 286 (CanLII)}}{{perABCA|Bielby JA}} |{{AB}}|CA|{{JailY1}} |A very young child who had her vagina licked by a dog {{FindSummaries|2ct05}} {{keywords|}} }} | |||
{{SpanYear2|2007}} | |||
{{SCaseLong| {{CanLIIRPS|Black|1rrf3|2007 SKPC 46 (CanLII)|296 Sask R 289}}{{perSKPC| Kovatch J}} |{{SK}}|PC| {{JailY1}} |also sentenced for child sex offences and making CP for a total of 4 years. The offender recorded a woman having her genitals licked by a dog and stimulated the dog. He had limited cognitive ability and had a paedophilic character. {{FindSummaries|1rrf3}} {{keywords|}} }} | |||
{{ | {{SCaseLong| {{CanLIIR-S|JJBB|1vpqz|2007 BCPC 426 (CanLII)}}{{perBCPC|Frame J}} |{{BC}}|PC| {{JailM|15}} | Over a period of time, the offender sexually abused his niece aged 3 to 5. At three different times he recorded two dogs licking her genitals. {{FindSummaries|1vpqz}} {{keywords|}} }} | ||
{{ | {{SCaseLong| {{CanLIIR-S|AB1|1rrf3|2007 SKPC 46 (CanLII)}}{{perSKPC|Kovatch J}} | {{SK}} |PC| {{JailY|4}} (global)<br> {{JailY|1}} (bestiality) | "a woman was recorded having her vagina licked by a male dog, and she also stimulated the dog: paras. 7-8. A one year sentence was appropriate (para. 19), this offender had strong mitigating characteristics, including a genetic condition that affected her cognition, but also showed clear paedophilic character. The offender was also sentenced for a variety of child sex offences and making child pornography for a global four year sentence: para. 21."{{FindSummaries|1rrf3}} {{keywords|}} }} | ||
{{SpanYear2|2005}} | |||
{{SCaseLong| {{CanLIIR-S|Gibbon|1ps4n|2005 BCSC 935 (CanLII)}}{{perBCSC|Williams J}}|{{BC}}|SC| {{JailY|2}} | also sentenced for possession and distribution of child porn (2 years), and sexual assault -- found to be a Dangerous Offender {{FindSummaries|1ps4n}} {{keywords|}}}} | |||
{{ | {{SCaseLong| {{CanLIIR-S|Pye|1ljt4|2005 BCPC 355 (CanLII)}}{{perBCPC|Sundhu J}} |{{BC}}|PC| {{JailY|2}} | offender had sex with dog in public {{FindSummaries|1ljt4}} {{keywords|}} }} | ||
{{SCaseEnd}} | {{SCaseEnd}} |
Latest revision as of 20:19, 11 November 2024
This page was last substantively updated or reviewed January 2012. (Rev. # 96771) |
- < Sentencing
- < Cases
Offence Wording
|
- Bestiality
160 (1) Every person who commits bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
- Compelling the commission of bestiality
(2) Every person who compels another to commit bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
- Bestiality in presence of or by child
(3) Despite subsection (1) [bestiality], every person who commits bestiality in the presence of a person under the age of 16 years, or who incites a person under the age of 16 years to commit bestiality,
- (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
- (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.
[omitted (4) and (5)]
- Application
(6) Sections 740 to 741.2 [provisions relating to restitution] apply, with any modifications that the circumstances require, to orders made under paragraph (4)(b) [order of payment for animal care fees].
- Definition of bestiality
(7) In this section, "bestiality" means any contact, for a sexual purpose, with an animal.
R.S., 1985, c. C-46, s. 160; R.S., 1985, c. 19 (3rd Supp.), s. 3; 2008, c. 6, s. 54; 2012, c. 1, s. 15; 2015, c. 23, s. 5; 2019, c. 17, s. 1.
[annotation(s) added]
Bestiality
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v LMR, 2010 ABCA 286 (CanLII), per Bielby JA | AB | CA | 1 year imprisonment | A very young child who had her vagina licked by a dog Find summaries of case. |
R v Black, 2007 SKPC 46 (CanLII), 296 Sask R 289, per Kovatch J |
SK | PC | 1 year imprisonment | also sentenced for child sex offences and making CP for a total of 4 years. The offender recorded a woman having her genitals licked by a dog and stimulated the dog. He had limited cognitive ability and had a paedophilic character. Find summaries of case. |
R v JJBB, 2007 BCPC 426 (CanLII), per Frame J | BC | PC | 15 months imprisonment | Over a period of time, the offender sexually abused his niece aged 3 to 5. At three different times he recorded two dogs licking her genitals. Find summaries of case. |
R v AB1, 2007 SKPC 46 (CanLII), per Kovatch J | SK | PC | 4 years imprisonment (global) 1 years imprisonment (bestiality) |
"a woman was recorded having her vagina licked by a male dog, and she also stimulated the dog: paras. 7-8. A one year sentence was appropriate (para. 19), this offender had strong mitigating characteristics, including a genetic condition that affected her cognition, but also showed clear paedophilic character. The offender was also sentenced for a variety of child sex offences and making child pornography for a global four year sentence: para. 21." Find summaries of case. |
R v Gibbon, 2005 BCSC 935 (CanLII), per Williams J | BC | SC | 2 years imprisonment | also sentenced for possession and distribution of child porn (2 years), and sexual assault -- found to be a Dangerous Offender Find summaries of case. |
R v Pye, 2005 BCPC 355 (CanLII), per Sundhu J | BC | PC | 2 years imprisonment | offender had sex with dog in public Find summaries of case. |