Previous Page


If procured person already prostitute

Cline, supra, was cited in Lacusta, [1986] B.C.D. Crim. Conv. 6010-01 (Co.Ct.), where the accused was acquitted of procuring. Evidence indicated that at the time of the alleged offence the individual in question was a prostitute, told the accused she was, and he believed she was a prostitute.

In Semchyshyn (1986), 43 Man.R. (2d) 18 (Man.C.A.) the Crown unsuccessfully appealed the accused's acquittal on charges of attempting to procure two females to become common prostitutes. The females were undercover police officers who had presented themselves at a massage parlor to apply for work. The court held that, judging by their dress and conversation, it was reasonable to infer that the accused believed them to be prostitutes, and it is a defense if the accused believes the women to be prostitutes. O'Sullivan J.A. said that "a person cannot become what she already is." Although the trial judge was held to have erred in holding that there was no actus reus, the Crown's case failed because of the accused's honest belief, based on reasonable grounds, that the police officers were already prostitutes.

Lazaryan (Nov.24, 1994), 22 W.C.B. (2d) 9 (AIta.Prov.Ct.), also relying on Cline, supra, held that one is not guilty of attempting to procure an undercover police officer posing as a prostitute. Since she posed as a prostitute he believed her to be one, and so was not trying to "convert the unconverted." The fact that the officer could not, in fact, be a prostitute by reason of her "actual employment" was irrelevant. According to the W.C.B. summary:

The facts of this case disclosed nothing more than a case of the accused wanting to become the undercover officer's pimp, but who accepted rejection with civility and aplomb. Wishful thinking did not yet constitute an attempt in law.


This legal information is here for your personal use only. Copyright � 1999/2000 All Rights Reserved
Unauthorized Duplication is Strictly Prohibited!
Any questions or comments should be directed to the webmaster