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(iii)Whether parliament intended to depart from the legal meaning of bestiality when it used the word without further definition in the English version of the Code.Įveryone who commits buggery or bestiality is guilty of an indictable offence and is liable to imprisonment for fourteen years.Ĭriminal Code, 1985(Canada) as amended on July 23 rd, 2015
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(ii)Whether the term bestiality had a well-understood legal meaning in the common law (i)Whether penetration was an essential element of the offence of bestiality.
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The Respondent appealed to the Court of Appeal and was acquitted of the bestiality count, and hence the Appellant appealed to the Supreme Court. For the bestiality conviction in relation to the older complainant, he had received a sentence of two years which was to run consecutively to sentences totaling 14 years imposed in relation to the other offences. The Respondent had been sentenced to a total of 16 years imprisonment. He later asked her to do it again so that he could make a video. He attempted to make the dog have intercourse with her and, when that failed, he spread peanut butter on her vagina and took photographs while the dog licked it off. The Respondent had first brought the family dog into the bedroom with the Complainant when she was 15 or 16 years old. The Respondent began sexually fondling his step daughters by the age of 12 and, by the time they turned 14, he had been forcing them to engage in oral sex and sexual intercourse and encouraged them to perform sex acts with each other. That conviction had been entered after a 38-day trial, at which the Respondent had also been convicted of numerous other sexual offences against his two stepdaughters committed over the course of 10 years. The Appeal related solely to the Respondent’s conviction for a single count of bestiality. Statutes – interpretation of statutes – Criminal Code, 1985(Canada) – section 160 (3) – meaning of the word “bestiality” – the legal meaning of bestiality – whether the Canadian Parliament intended to depart from the legal meaning of bestiality when it used the word without further definition – whether the Canadian Parliament intended bestiality to occur once penetration was established between an animal and a human – Interpretation Act, 1985 (Canada), sections 45 (2) and (3)Ĭriminal law – offences against morality – unnatural offences –bestiality – elements of bestiality – penetration – whether penetration is an essential element of bestiality. McLachlin C.J, Abella J, Cromwell J, Moldaver J, Karakatsanis J, Côté J and J.Brown J. Penetration is a Mandatory Requirement for the Offence of Bestiality to be Established.