The accused was tried on charges of agreeing or arranging by telecommunication to sexually assault a child and breaching probation after extensive email, text, telephone, and in-person communications with undercover police posing as a child's mother.
The court held that s. 172.2 of the Criminal Code is a preparatory offence analogous to child luring under s. 172.1, such that the offence is complete when the accused intentionally makes the agreement or arrangement with respect to a person believed to be underage.
Applying W. (D.), the court found the accused's asserted innocent rescue motive neither credible nor capable of raising a reasonable doubt.
The surrounding communications and preparatory acts, including renting a motel room and bringing condoms, lubricant, beer, and a toy, established guilt beyond a reasonable doubt on both counts.
