The accused was tried on charges of child luring and making sexually explicit material available to a child arising from online communications with an undercover officer posing as a 14-year-old girl.
Applying the W.(D.) framework, the court rejected the accused's evidence that he believed he was communicating with a middle-aged man and found that the statutory presumption as to age belief was not displaced.
The court held that the sexually explicit communications, repeated efforts to maintain contact, and attendance at a prearranged meeting established a subjective intent to facilitate a sexual offence.
The court also held that sexually explicit electronic messages constitute written material within s. 171.1.
Convictions were entered on both counts.
