Procuring and Living on the Avails of Prostitution (Sentencing Cases)
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Procuring
| 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), 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 imprisonment | undercover officer posed as 17 year old girl |
| R v Maheu, 1997 CanLII 10356 (QC CA), 116 CCC (3d) 361 (Que. C.A.), 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 (Man. C.A.)(*no CanLII links) | MB | CA | 60 days imprisonment | 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 O.A.C. 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), , (1993), 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 A.R. 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. |