Bestiality (Sentencing Cases): Difference between revisions

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==Offence Wording==
==Offence Wording==
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==Bestiality==
==Bestiality==

Revision as of 14:46, 13 May 2024

This page was last substantively updated or reviewed January 2012. (Rev. # 92944)

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]

CCC (CanLII), (DOJ)


Note up: 160(1), (2), (3), (6), and (7)

Bestiality

Case Name Prv. Crt. Sentence Summary
2010
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
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Keywords: None
2007
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.
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Keywords: None
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.
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Keywords: None
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."
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Keywords: None
2005
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
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Keywords: None
R v Pye, 2005 BCPC 355 (CanLII), per Sundhu J BC PC 2 years imprisonment offender had sex with dog in public
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Keywords: None