The appellant engaged in sexually explicit online chats with a 12-year-old girl, believing her to be 13 or 14.
He was acquitted at trial of luring a child under s. 172.1(1)(c) of the Criminal Code because the trial judge found he did not intend to meet the complainant or carry out the secondary offence.
The Court of Appeal set aside the acquittal and ordered a new trial.
The Supreme Court of Canada dismissed the appeal, holding that the offence is an inchoate crime that does not require an intention to meet the victim or commit the secondary offence, but only the specific purpose of facilitating its commission.
