The appellant challenged his child luring conviction on the basis that text messaging by cellular telephone did not amount to communicating by means of a computer system within the meaning of the Criminal Code.
The court held that text messaging using cellular phones involves interconnected devices and computer programs performing logic and control functions, and therefore falls within s. 342.1(2).
On sentence, the court upheld a six-and-one-half-year global penitentiary term for grooming and sexually assaulting a 12-year-old after inducing her with false promises of millions of dollars.
The court confirmed that grooming may be treated as an aggravating factor and emphasized that denunciation, deterrence, separation of offenders, and child protection are paramount in sentencing adult sexual predators.
