Court of Appeal for Ontario

Citation: R. v. Collins, 2013 ONCA 392

Date: 2013-06-11

Docket: C52763

Before: Rouleau, Watt and Epstein JJ.A.

Between:

Her Majesty the Queen Respondent

and

Gary Wayne Collins Appellant

Counsel:

Robert Sheppard, for the appellant

Allison Dellandrea, for the respondent

Heard: June 10, 2013

On appeal from the conviction entered on February 4, 2010 and the sentence imposed on March 1, 2010 by Justice Gorman of the Superior Court of Justice, sitting without a jury.

APPEAL BOOK ENDORSEMENT

[1] The appellant argues that the trial judge failed to consider whether, at the last moment, the appellant may have decided not to go through with the planned sexual encounter. Had this been considered, the trial judge may have concluded that the extensive sexually explicit online chats that preceded the planned meeting were not made for the purpose of facilitating the commission of one of the designated offences.

[2] We disagree. It is apparent from the record that the offence of internet luring had clearly crystalized well before the setting of the date for the meeting. The fact that the appellant may have had a last minute change of heart about going through with the meeting on that day is of no moment. The trial judge properly concluded that on this record, the necessary mens rea was made out beyond a reasonable doubt.

[3] The appeal is dismissed.