CITATION: R. v. Drury, 2017 ONSC 2330

COURT FILE NO.: 22/16

DATE: 2017-04-24

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

HER MAJESTY THE QUEEN

– and –

JEFFREY DRURY

Maureen McGuigan, Counsel for the Crown

John Raftery, Counsel for Mr. Drury

HEARD: January 9-12, 2017

REASONS FOR JUDGMENT

gray j.

1Jeffrey Drury is charged with two offences under s.171.1(1)(b) of the Criminal Code, and one under s.172.1(1)(b).

2In the counts under s.171.1(1)(b), he is charged with transmitting sexually explicit material to a person he believed to be under the age of 16 years for the purpose of facilitating the commission of an offence under s.151 of the Criminal Code (sexual interference), and in the count under s.172.1(1)(b), it is alleged that he communicated by means of telecommunication with a person he believed was under the age of 16 years for the purpose of facilitating the commission of an offence under 151 (sexual interference).

3For the reasons that follow, I find Mr. Drury guilty as charged in all three counts.

Background

4At the time he was charged, Mr. Drury was 52 years of age. He lives in Gravenhurst. He has been separated from his wife for 16 years. He works at various garden centres. In 2014, the year he was charged, he was a middle manager at a long-term care home.

5Mr. Drury spent considerable amounts of time on the internet. He would sometimes frequent sites that dealt with sexual subjects. On occasion, he would advertise that he was interested in obtaining sexual favours.

6On June 20, 2014, there was posted on Craigslist an advertisement purchased by Mr. Drury, which had the title “I will fuck you hard!”. The advertisement stated “I just want some nsa fun with horny women. I am willing to pay for your time.” Attached to the advertisement was a photograph of an erect penis being held by a hand, and the hand appears to have semen dripping on it.

7It is not uncommon for police officers to troll such advertisements, in order to determine whether people who placed them are seeking sexual contact with minors. Police officers who do so pretend to be under 16 years of age.

8Constable Rees of the Ontario Provincial Police is one such police officer. He is assigned to the Child Sexual Exploitation Unit of the OPP. That unit has four members assigned to an online luring team, and as part of Officer Rees’ duties, he monitors advertisements on Craigslist. As part of his experience, he has come to understand that Craigslist is used by people who want to sexually abuse minors.

9Officer Rees noticed the Craigslist ad placed by Mr. Drury, and he answered the ad on June 15, 2014, in a communication that stated: “age that you want. I am 15 very older looking.”

10Mr. Drury responded the same day as follows: “age doesn’t matter to me. do you have any pics? maybe we could meet up tonight.”

11Thereafter, there followed about six weeks of electronic communications between Mr. Drury and Officer Rees. At all times, Officer Rees used the name Tiffany Creechan, and he pretended to be a 15 year old girl.

12Most of the communications were either through Craigslist’s communications system, or through direct emails between Mr. Drury and Officer Rees. In July, 2014, there were some communications through Facebook.

13As it happened, there was another Craigslist ad placed by Mr. Drury in June, 2014, which was headed “seeking young, chubby for outdoor sex.” Officer Rees also responded to that ad, once again using the name Tiffany Creechen. Communications between Mr. Drury and Officer Rees regarding that ad were few in number.

14With respect to the ad styled “I will fuck you hard!”, the parties exchanged 878 emails and 117 communications through Facebook. It is obviously impractical to reproduce all of these communications. However, at the end of the day it will be important to accurately assess the intentions of Mr. Drury as reflected in these communications. I will reproduce some of the more important ones when I come to analyse the issues later.

15At this stage, it is sufficient to note that while Officer Rees represented himself initially, and indeed throughout the communications, as a 15 year old girl, Mr. Drury was clearly suspicious that this person might not be as she appeared to be. He was suspicious that the person might be an adult, and indeed might be a police officer. Some of his communications reflected that suspicion. Furthermore, he made some attempts to try and find out more about this person.

16In addition to the email communications, Mr. Drury also created, and kept on his computer, another document for his own use in which he appeared to record his own thoughts. It was entitled “Story 11.”

17In his evidence, Mr. Drury described that document as recording his fantasies, but not his real thoughts or intentions. He said there was no real audience, and it was simply fun to write. He said he exaggerated things and made them surreal.

18Some of the contents of this document will assume some importance and I will discuss it in more detail later.

19During the various communications between Mr. Drury and Officer Rees, it was ultimately agreed that they would meet. It was agreed that the meeting would be on August 6, 2014, in Burlington. Mr. Drury was to drive from Bracebridge and meet the person he was communicating with. When Mr. Drury arrived at the meeting place, an Esso station in Burlington, he was arrested.

20During the various communications that took place, Mr. Drury sent a number of photographs. One showed a male leaning back in a chair, with his erect penis exposed. In a subsequent photograph, it was made clear that the male was, in fact, Mr. Drury.

21There are two photographs that form the basis of the charges under s.171.1(1)(b) of the Code.

22In one photograph, a male and a female were engaged in sexual intercourse. It was represented by Mr. Drury that the female was a purported friend of Tiffany Creechan, named “Sarah,” even though it was not possible that the person depicted in the picture could have been Sarah. In the other photograph, an elderly man is sexually fondling a young woman or girl, who has her sexual organs fully exposed.

23Early in the series of communications, Mr. Rees had emailed to Mr. Drury a photograph purporting to be a photograph of Tiffany Creechan, a 15 year old girl. What was depicted in the photograph was a young female, whose face could not be seen clearly, who may or may not have been under 16 years of age.

24As noted, Mr. Drury had been suspicious of whether the person represented as a 15 year old girl was, in fact, who she said she was. Mr. Drury expressed doubts that the person was actually 15, that the person might be an older person, and might be a police officer. He expressed many of these doubts in email communications to Officer Rees. In response, Officer Rees would play down those suspicions, and essentially treat them in a joking manner.

25I will discuss the specific relevant evidence later, when I analyze the case.

Submissions

26Ms. McGuigan, counsel for the Crown, submits that Mr. Drury should be found guilty on all counts.

27Ms. McGuigan submits that under s.171.1(1)(b) of the Code, the Crown must establish, beyond a reasonable doubt, the following:

a) that Mr. Drury has transmitted sexually explicit material;

b) the transmission has been to a person whom Mr. Drury knew or believed to be under 16 years of age; and

c) the transmission was for the purpose of facilitating the commission of an offence under s.151 of the Code.

28Ms. McGuigan submits that under s.172.1(1)(b) of the Code, the Crown must establish, beyond a reasonable doubt, the following:

a) that Mr. Drury communicated by means of telecommunication;

b) the person to whom the communication was made was a person whom Mr. Drury believed was under the age of 16 years; and

c) the communication was for the purpose of facilitating the commission of an offence under s.151.

29In connection with both offences, the Code stipulates that evidence that the person to whom the transmission or communication was made was represented to Mr. Drury as being under the age of 16 years is, the absence of evidence to the contrary, proof that Mr. Drury believed that the person was under that age. Furthermore, it is not a defence that Mr. Drury believed that the person was at least 16 years of age unless he took reasonable steps to ascertain the age of the person.

30In this case, Ms. McGuigan submits that Officer Rees at all times represented to Mr. Drury that the person communicating with Mr. Drury was a female under the age of 16 years. Thus, in the absence of evidence to the contrary, it must be accepted that Mr. Drury believed that the person was under 16 years of age. The only evidence to the contrary is the evidence of Mr. Drury himself. That evidence is not credible, and must be rejected.

31This is particularly so, Ms. McGuigan submits, because Mr. Drury did not take reasonable steps to ascertain the age of the person. Apart from his own suspicions, and apart from suggesting to Officer Rees that he was not who he appeared to be, and that he might be a police officer, Mr. Drury took no steps other than trying to find Tiffany Creechan on Facebook. It is clear from Mr. Drury’s own recording reflected in Story 11 that he had not taken reasonable steps to ascertain the age of the person with whom he was communicating, and he at all times believed, or at least hoped, that the person was a 15 year old girl. It is clear from Story 11 that his intention at all times was to have sex with a 15 year old girl, and his intention in that respect was made manifest.

32When all of the evidence is considered, it is clear that Mr. Drury communicated with the person he believed was a young girl aged 15, and encouraged her to meet with him in order to have sex. As part of his communications in that respect he sent sexually explicit material in order to make his intentions clear.

33In the result, each and every essential element of both offences has been made out, and Mr. Drury should be found guilty on all three counts.

34Mr. Raftery, counsel for Mr. Drury, submits that the Crown has not proven its case beyond a reasonable doubt.

35Counsel submits that, at the very least, there is a reasonable doubt as to whether Mr. Drury believed the person depicted by Officer Rees was under 16 years of age. It is clear from the communications themselves that Mr. Drury, on many occasions, expressed those doubts explicitly. Furthermore, in Story 11 he reflected on those doubts privately.

36Mr. Drury took steps to try to ascertain whether the person was really under 16 years of age. He sent emails to the person, expressing doubts as to her age, and whether she might be a police officer. He investigated the identity of “Tiffany Creechan” on Facebook, and discovered that the only person with that name was 24 years of age. Clearly, Mr. Drury made some attempts to discover the true age of the person with whom he was communicating, and it then falls to the Crown to demonstrate, beyond a reasonable doubt, that those steps he took were not reasonable.

37Mr. Raftery also submits that the Crown has not proven beyond a reasonable doubt that Mr. Drury’s purpose was to facilitate the commission of an offence under s.151. The emails exchanged between the parties are filled with suggestions that they would simply spend a day having fun, having a picnic, and “jeeping.” While there may have been some banter about sex, in the final analysis it seems clear that Mr. Drury’s intention in travelling to Burlington was simply to spend a day with the person, even if she was a girl of 15 years of age, without any sex, and simply having a good time. At the very least, the Crown has not proven beyond a reasonable doubt that that was not so.

38For these reasons, Mr. Raftery submits that Mr. Drury should be found not guilty on all counts.

Analysis

39The relevant provisions of the Code are as follows:

151 Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

171.1 (1) Every person commits an offence who transmits, makes available, distributes or sells sexually explicit material to

(b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to that person;

(3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of 18, 16 or 14 years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.

(4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least 18, 16 or 14 years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.

172.1 (1) Every person commits an offence who, by a means of telecommunication, communicates with

(b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to that person;

(3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of eighteen years, sixteen years or fourteen years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.

(4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least eighteen years of age, sixteen years or fourteen years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.

40Sections 171.1 and 172.1 have common features. In each case, the Crown must establish that the accused believes the person with whom he or she is communicating is under the age of 16 years, and that the purpose of the communication was to facilitate the commission of a secondary offence, including an offence under s.151, namely sexual interference.

41In both cases, the Crown is assisted by two presumptions:

a) where it was represented to the accused that the person with whom he or she communicated was under the age of 16 years, then, in the absence of evidence to the contrary, that is proof that the accused believed that the person was under that age;

b) it is not a defence that the accused believed that the person was at least 16 years of age, unless he or she took reasonable steps to ascertain the age of the person.

42The Supreme Court of Canada has interpreted the relevant provisions in two significant cases: R. v. Legare, 2009 SCC 56; [2009] 3 S.C.R. 551; and R. v. Levigne, 2010 SCC 25; [2010] 2 S.C.R. 3. In each case, the unanimous judgment of the court was written by Fish J.

43In Legare, the accused and the complainant, who was 12 years old at the time, engaged in online chats. The complainant advised the accused that she was 13 years of age, while she was, in fact, 12 years of age. The accused called the complainant and told her that he would love to perform oral sex on her.

44The trial judge held that the Crown was required to prove that the accused must have intended to lure a child for the purpose of committing an offence under s.151 of the Code. The trial judge held that the accused did not arrange a meeting with the complainant, nor did he intend to do so. His intention to talk dirty with the complainant was insufficient.

45The Alberta Court of Appeal set aside an acquittal and ordered a new trial. The court held that the trial judge had adopted an unduly narrow interpretation of s.172.1(1)(c), in appearing to require as an essential element of the offence a present intent to bring about an opportunity to commit the secondary offence of sexual interference. On appeal to the Supreme Court of Canada, that court affirmed the decision of the Alberta Court of Appeal.

46At para. 28, Fish J. stated:

Section 172.1(1) makes it a crime to communicate by computer with underage children or adolescents for the purpose of facilitating the commission of the offences mentioned in its constituent paragraphs. In this context, “facilitating” includes helping to bring about and making easier or more probable – for example, by “luring” or “grooming” young persons to commit or participate in the prohibited conduct; by reducing their inhibitions; or by prurient discourse that exploits a young person’s curiosity, immaturity or precocious sexuality.

47At para. 31, he stated:

Accordingly, the content of the communication is not necessarily determinative: what matters is whether the evidence as a whole establishes beyond a reasonable doubt that the accused communicated by computer with an underage victim for the purpose of facilitating the commission of a specified secondary offence in respect of that victim.

48In summary, he concluded at paras. 36 and 37:

36. To sum up, then, I reiterate that s.172.1(1)(c) comprises three elements: (1) an intentional communication by computer; (2) with a person whom the accused knows or believes to be under 14 years of age; (3) for the specific purpose of facilitating the commission of a specified secondary offence – that is, abduction or one of the sexual offences mentioned in s.172.1(1)(c) – with respect to the underage person

37. All three elements must, of course, be established by the Crown beyond a reasonable doubt.

49At paras. 38-40, Justice Fish expressed the view that it is neither necessary nor particularly helpful to recast every element of the offence in terms of its actus reus and its mens rea. Rather than trying to encapsulate each element as part of the actus reus or the mens rea, it is preferable to adopt language which accurately conveys the effect of the law without in itself imposing an unnecessary burden of translation and explanation.

50In Levigne, the court considered the import of the provisions that create the presumptions as I have described them, namely, that where it is represented to the accused that the interlocutor is under the age of 16 years, then, in the absence of evidence to the contrary, that is proof that the accused believed the person was under 16 years of age; and that it is not a defence that the accused believed the person was at least 16 years of age unless he or she took reasonable steps to ascertain the age of the person.

51In Levigne, the accused had been communicating with an undercover police officer who represented himself as a 13-year-old student. The accused acknowledged under cross-examination that he took no steps to ascertain the real age of the person. He testified that he did not believe the person was 13, because his online profile indicated that he was 18. However, the interlocutor had informed the accused that the profile was wrong. The accused expressed his wish to perform oral sex on the person, and he eventually arranged to meet him at a local restaurant. Upon arrival, the accused was arrested and charged.

52The trial judge held that the accused’s evidence left him in doubt as to whether the accused actually believed the interlocutor was 13 years of age. He stated “it is reasonably possible that the accused, despite all indications, believed he was dealing with an adult who was representing himself as a 13 year old.”

53The Alberta Court of Appeal set aside the acquittals and substituted convictions. The court held that the trial judge had failed to apply the “reasonable steps” requirement, as the un-contradicted evidence was that the accused took no steps to confirm the interlocutor’s age.

54The Supreme Court of Canada unanimously dismissed an appeal, and upheld the convictions.

55At para. 32, Fish J. described the combined effect of the two provisions that create the relevant presumptions, as follows:

Read together and harmoniously with the overarching purpose of s.172.1, the combined effects of subss. (3) and (4) should be understood and applied this way:

1. Where it has been represented to the accused that the person with whom he or she is communicating by computer (the “interlocutor”) is underage, the accused is presumed to have believed that the interlocutor was in fact underage.

2. This presumption is rebuttable: It will be displaced by evidence to the contrary, which must include evidence that the accused took steps to ascertain the real age of the interlocutor. Objectively considered, the steps taken must be reasonable in the circumstances.

3. The prosecution will fail where the accused took reasonable steps to ascertain the age of his or her interlocutor and believed that the interlocutor was not underage. In this regard the evidential burden is on the accused but the persuasive burden is on the Crown.

4. Such evidence will at once constitute “evidence to the contrary” under s. 172.1(3) and satisfy the “reasonable steps” requirement of s.172.1(4).

5. Where the evidential burden of the accused has been discharged, he or she must be acquitted if the trier of fact is left with a reasonable doubt whether the accused in fact believed that his or her interlocutor was not underage.

56There has been some difference in the caselaw as to what is required in order to satisfy the “reasonable steps” requirement. Can this be satisfied simply on the basis of superficial observations, or even assumptions, or are active steps by the accused required?

57Assistance in this respect is provided in the decision of Durno J. in R. v. Ghotra, 2016 ONSC 1324; 334 C.C.C. (3d) 222. In that case, Durno J. was considering the constitutional validity of s.172.1(3) and (4).

58At para. 98, Durno J. noted that there are judgments that appear to conflict as to the meaning of “reasonable steps.”

59In subsequent paragraphs, Durno J. referred specifically to R. v. Dragos, 2012 ONCA 407, 110 O.R. (3d) 481; R. v. Pengelley, 2010 ONSC 5488, 261 C.C.C. (3d) 93; R. v. Thain, 2009 ONCA 223, 243 C.C.C. (3d) 230; R. v. Osborne (1992), 1992 CanLII 7117 (NL CA), 17 C.R. (4th) 350 (Nfld. C.A.); R. v. P.(L.T.) (1997), 1997 CanLII 12464 (BC CA), 113 C.C.C. (3d) 42 (B.C.C.A.); R. v. Slater, 2005 SKCA 87, 201 C.C.C. (3d) 85; R. v. K.(R.A.) (1996), 1996 CanLII 7277 (NB CA), 106 C.C.C. (3d) 93 (N.B.C.A.) and R. v. M.(M.S.) (1991), 1991 CanLII 2741 (PE SCAD), 10 C.R. (4th) 121 (P.E.I.C.A.).

60At para. 105, Durno J. concluded as follows:

On these authorities, I am persuaded that the accused is not required to take active steps to ascertain the other person is an adult in every case. “Reasonable steps” to ascertain the other person’s age can include information received from any source whether elicited by active steps by the accused or otherwise. The determination as to what will constitute “reasonable steps” is made in the context of all the evidence in the case, including information known to the accused. There will be cases where active steps are required, in others there may be no such requirement. When steps are taken, the issue becomes whether they were reasonable in those circumstances.

61At para. 106, he stated “I agree with counsel that asking a question or questions is not itself a “reasonable step.” It is the answers received or information otherwise in the accused’s possession that is determinative.”

62Mr. Drury testified that the following circumstances convinced him that in all likelihood the person with whom he was communicating was over age 16:

a) He received no clear responses to his suggestions that the person was an adult or a police officer;

b) The person with whom he was communicating seemed to know a lot about automobiles and Jeeps;

c) The person’s Facebook page had very little detail about the person;

d) The picture sent by the person appeared to be of someone older than 16;

e) Mr. Drury Googled the person and discovered a person named Tiffany Creechan aged 24 (Officer Rees denied he was this person).

63In my view, this does not constitute the taking of reasonable steps in the circumstances of this case. At the very least, Mr. Drury was still in doubt as to whether the person was really 15 years of age. None of the steps he took gave him any real information as to the person’s age. What he did was simply not reasonable.

64This becomes clear, in my view, when one examines in some detail Story 11, which discloses, quite clearly, that Mr. Drury wanted to have sex with a 15 year old girl, even though he knew that would be illegal. It is also quite clear, in my view, that Mr. Drury continued to communicate with the person with whom he was communicating in order to be able to arrange a meeting at which he hoped a sexual encounter would occur. That being the case, the steps he purportedly took to ascertain the person’s age were woefully inadequate. Had he been really interested in knowing that person’s real age, more was required. For the most part, he relied on assumptions and suspicions rather than real information. Unlike the situation in Pengelley, where a supposed photograph of the interlocutor was clearly of an adult, the photograph in this case could be of a 15-year-old. At the very least, it is not clear.

65As I noted earlier, the communications between Mr. Drury and Officer Rees disclose some inconsistency as to the purpose of the communications, and Mr. Drury’s ultimate purpose. His recordings as reflected in Story 11 also show some equivocation. However, at the end of the day, based on my assessment of all of the communications and reflections and Mr. Drury’s evidence, I am convinced beyond a reasonable doubt that Mr. Drury engaged in the communications and sent sexually explicit material, in order to facilitate a sexual encounter with a person whom he believed was a 15-year-old girl.

66It is not possible nor practical to reproduce all of the communications, which number almost 950, or all of the reflections recorded in Story 11, which are contained on 40 single spaced pages. I will reproduce some of them.

67I refer specifically to the following email communications. I have identified the sender in each case as Mr. Drury or Officer Rees.

Rees: age that you want. I am15 very older looking

Drury: age doesn’t matter to me.

do you have any pics?

maybe we could meet up tonight.

Drury: wanna fuck right now?

Drury: Hi, okay, wasn’t sure if this was one sided or what. I have to explain something to you.I look at life different than most people. most people hang out with people there own age, people they work with or live near. I’m not like that. I’m open minded to the fact the world is full of interesting people and places and limiting yourself to one type of people or place is boring and narrow minded to me. So ya I meet and talk to lots of different people of different races, ages etc. It’s not always about sex. I had one lady i used to meet and we’d hang out in the park and go for breakfast, that’s it no sex.Another woman and I would just wander through her town and talk and window shop and go for coffee.I just love to meet people, learn their experiences, personalities etc. And that’s weird to most people. Ya I like to meet people for sex too, hence the ad on CL. But it’s not always sex. I have, strangely enough, met some fun “just friends” people from CL sex ads I placed. It’s a strange world LOL.So, anyway,.like I said before. 15 is not legal for me to have sex with, i don’t want or need trouble with the police, angry parents or whatever.But if you are cool with chatting, maybe at some point meet just to hang out and talk or whatever, that would be cool. Ya, I’m sure a lot of people would think that’s creepy of me. I don’t care. I live my life the way i see fit, i have fun, try not to hurt or upset anyone, try to stay out of trouble LOL.So it would be cool to chat if you like, just thought I’d give you some insite on me.i didn’t post the ad to meet or fuck a 15 year old, I was thinking 20-something....but seeing as you answered, if you want to chat that’s ok with me.Jeff

Drury: Nice pic, thanks, you look older than 15.

Rees: See no one Would know. Told you I very mature

Drury: I’m hours from Burlington and the only Tiffany Creechan in Burlington is 24 yrs old. nice try. Too bad you weren’t honest and told me your real age, I would have fucked you.Too late now, i can’t trust you.

Rees: Think about that fool. I am 15.I have a Mother step father and a little brother. Why would i bei listed anywhere.Hello. I Bus it everywhere. I got to all private school in Hamilton. Are you clueless

Drury: LOL you must the only 15 yr old girl that doesn’t exist on the internet then. Only Facebook is the 24 yr old. Google your name and its the 24 yr old, and always in Hamilton. Too much of a co-incidence. You have no idea how many fakes and spammers and con artists there are online all thinking that every old guy loses his mind when offered sex by a 15 yr old. I trust no one until i am sure who they are, and there is no reason for me to trust you.I was sincere, I sometimes just like to meet various people, not necessarily for sex. If I am wrong, i do sincerely apologize. Jeff

Rees: Your funny. Just so you know hamilton is the big City to burlington i go to school there......Its like people say Toronto. And yes a Ton of creeps on line but i never been burned. I never offered Sex you did you knew my age up Front. Are you drinking.

Drury: and if you remember my ad it said “younger women” not teenagers. Ya i fucked the 16 yr old because she answered my ad and WANTED me to fuck her, she wanted to experience sex with “an adult” as she said. She wasn’t a virgin, had fucked 3 guys in their 20’s and loved you have cock up her ass. She wasn’t some innocent little kid.I’m not trolling for teens. i'd rather an older experience woman to be honest. I was hoping the ad would be answered by women in their 20’s or 30’s, “much younger” than me.But I don’t wanna fight about it with you. Just dont want you thinking Im trolling for teenage pussy. I’m not evil, just horny LOL, and like I said, sometimes it’s cool just to meet new people and hang out.

take care.Jeff

Drury: damn, is the whole world underage? am i ever gonna get laid again??? Sigh

Drury: ok so a 15 yr old cutie like you wants to fuck a guy older than her dad?

Rees: Nope ur the one i want......you playing Hard to get........but I will......i always do....

Drury: This has been a really interesting conversation tonight. I love hearing about peoples experiences, desires etc...no matter what age they are. You intrigue me. I have to admit this would have been more fun if we’d gotten ice creams and sat in the park and had this conversation face to face...oh well. You suggested we meet the other day and I passed because of your age, but now I know more about you, it would be cool to talk ( talk not fuck LOL) face to face. Ya i like your experience, the way you look etc, ya you make me horny. Can’t help that.But can’t meet you for sex.Would be fun to meet and hang out if you want or is that too boring? would you be too shy to talk like this in real life?

Drury: wow you really take offence to the fact that I said about you being under 16

I don’t mean any offence

I’m horny for you

I just dont wanna go to jail :-(

So does it have to be about sex? Didnt we at one point just say it would be cool to meet and shoot the shit?

Or are you now just aching to have me inside you? LOL

Drury: Ahhh smart ass....LOL

Very tall, slim, used to be dark, greying now...here’s some pics I took for an old g/f, modified so as not to offend you LOL

How was your busy day?

No pics for me from your shower last night? sigh LOL

Drury: Random thoughts while having an after work tea...maybe boring...maybe too much info...and I still wonder if you are real or some fat bald homo getting off talking to me...But anyways...I wrote in my last letter to you that you could spend the night...ya kinda joking, playing along, wishful thinking, dreaming, whatever...But it got me thinking.... Damn,,, it’s been over 2 years since I spent the night with a woman.I fucked the Cass in the back of my jeep ( had the back seat out and a nice fluffy sleeping bag in there), had a woman i met on a dating site come over and fuck me at home, Another I met for coffees and we drove to the woods and fucked in the woods .But I miss romantic sex in bed. Is that weird for an old perv? LOLI like the idea of taking time, doing it right, intimacy, passion...rather than a quick “ get your rocks of and fuck off” kinda deal.Ya gotta like the person for a sleep over thought, you gotta care about them and want them to cum and to feel fulfilled. You don’t’ mind having her there in the morning for another round because you actually like her. That’s rare...for me at least...The last one I spent with? We dated 2 years. We broke up. I didn’t hear from her for a year and then suddenly she started texting and mailing me. Came over one night, we had a BLAST sitting by the bon fire, drinking wine and talking and laughing...she told me she loved me, we had great, passionate, intimate sex, she wrote me letters the next few days signed “ love, jennifer”. Then she wrote me a letter saying she was going back to her ex. I was like WTF????? That was kinda why i said ‘ fuck it’ and haven’t dated much or even fucked much in the last couple of years. Hows that for a long fascinating story??? I hope you had a great day!

Drury: Being 15 ( supposedly, right fella?) you prolly don’t really get what I’m saying. And I guess it’s not just an age thing, different people have different likes and values.But, for me at least, i went all through the one night stands, fuck buddies, etc and it was fun for awhile but you get to the point where you miss having someone special you get tired of feeling like all your good for is a a fuck for some bored/drunk/horny chick. Not totally knocking it, random sex can be fun,it’s exciting being with someone new, feels good...but it’s empty and you always run the risk of catching some STD that she got from the last loser who was fucking her. It’s kinda ewww when you think about it. Being with someone on a regular basis builds a comfort and trust level, you can open up, talk about your fantasies and desires comfortably. Plus you care about each other so you go that extra mile and try to please her/him. I know from experience that most of the women just looking for sex and no bonding..they are like ‘ eat me fuck me” and that’s it. No intimacy, no romance, they just wanna get off and don’t give a fuck about you.What really gets me off is knowing my partner is getting off good, knowing that what i am doing is driving her crazy...and knowing this stuff only comes when you have that trust level where she can “ let go” and tell you stuff and be relaxed enough to really enjoy being with you. But having said that...if some hotty came up to me and said “ want me to suck your cock?” i wouldn’t say” no”.Hell, I’m a guy. But I’d prefer it it was someone who enjoyed pleasing me as much as I enjoy pleasing her. Hmmm. hope this all make sense and doenst sound silly and stupid too you...just felt like typing some stuff and thats what came out LOL

Drury: If you get bored and feel like sharing..I’d love to hear what sexual adventures you’ve had. You said 4 guys so far?Tell me as much or as little as you want. I love details :-) but don’t make shit up just to thrill me, be honest. That may sound odd to you, but honestly when i was your age it was a big deal getting a peek down a girl’s top. A handjob? OMG you were the King , man! LOL So hearing about what you youngsters get up to these days kinda blows my mind..a friend mas telling me her son told her about some 12 yr old sucking off her b/f on the school bus...I’ve read that girls these days treat giving a blowjob as just a sign of friendship...that girls are doing anal so they can have the guys cum in them but not get pregnant...makes my head spin compared to my days...so ya, it’s a blast to hear about it.. but it also makes me wish the hell i was young again!! LOL

Drury: and i like what you said about not just wanting guys to rub you and stuff...cool...

bored tonight, didnt sleep well last night ( probably because you weren’t here cuddled up against me)

hehehe

I’m off to bed

Drury: LOL, I’d love to show you my jeep.and I did hint at you spending the night with me...somehow i figured there would be an excuse you couldn’t lol.

Drury: Not talking to me today? Thanks for the FB add, i hope you have fun lurking my profile LOL Hey I was thinking......you seem to want to meet, that’s cool, we talked about coffee/ice cream and chatting in the park... but is that boring for you? You seem to be a Jeep girl, i was wondering if it would be more fun to go Jeeping? I dunno...grab some subs and hit the trails, find a place for a pik nik? Like I said, i don’t like to really be hard on my Jeep as it’s what I need to get to work, but I do enjoy going on little roads and hills and trails and stuff.Dunno...just a thought. let me know what you think. You never really said why you want to meet me or what you expect from it. As for me, I live a really quiet routine life and enjoy the occasional adventure, just to get away, have some fun. You seem fun, you’re into cars and trucks and jeeps and stuff so , despite the age gap I think you’d be fun to meet.I know this has strayed pretty far from you answering my sex ad and me sending you a pic of my dick LOL. But what the hell, fun is fun.I hope your day is going well.

Drury: I dunno why you get upset that I talk about sex and was interested in hearing about your experiences.

Hell, you answered a pervy ad from a guy with a pic of his dick.

What did you expect? Ned Fanders? LOL

Ya I try to tone it down because you are young, but I’m me, horny guy.

I love sex, to talk about it, hear about it, do it...so shoot me...shrug.

Have a nice day

Jeff

Drury: Saw this and thought of you and your old guy you met in the park LOL Hey , i been polite lately, forgive a slight regression.:-)I think it’s a super hot pic. But i guess I’m weird.Sorry.

Drury: Good morning. Thanks for not being mad about the pic. wasn’t sure if i should sent it or not. Don’t want to piss you off but i thought it was so hot!Anyway...Ya I miss the excitement and things to do in the city. OMG try living 8 years in a cottage in the woods, 1/2 hour just from a small town. Yikes.Even living in town is crappy. Such a small town, gossip and nosey neighbours, yuk.That’s why I run away to Collingwood sometimes, no one knows me there, lots of private places I can go swimming or suntan, have a couple of beers, walk thorugh the woods on the mountain, explore all the big crevices in the rocks, etc. LOL ya I,m nature boy.I’m looking forward to the 6th too. Just let me know any thoughts you have on it, places to go, things to do, stuff we can bring along for fun, whatever. I’ve been so bored and cooped up, i really want us to have a fun day together.

Drury: Sorry I made things so complicated. Damn

You really wanna meet me that much? But IM just some old dude who showed you his weinner.

Whats the attraction? you could be with some cute young guy.

Rees: Yeah but they don’t have jeeps and want to do things with me not to me.

Rees: I think you should keep your plans and come see me. You know you want to you took the day off......no one will know. It’s not like a small town

Drury: Ya I want to. I have to admit it. Just worried about all that stuff...i don’t even know how to politely respond to your mail about the others guys wanting to do you.

Drury: you’re not gonna fall madly in love with me or anything are you?You just want someone to jeep you around for a day, right?

Drury: were not gonna like be in the middle of lunch and you suddenly say, “put it in me I wanna have your babies”...are ya?

Rees: No dear. Remember you set the rules......so do want to show Sarah something

Drury: so thats a “maybe” on the babies thing? LOL I love how you vanish when i ask th e tough questions

Good night. i hope your bum thunder doesn’t keep you awake.

p.s. you’re too fun.

Drury: Cass was 16, legal.besides you told me you like me because the other guys just want sex, now yr mad cause i wont do you? make up yr mind!! LOLand i didn’t say i'd do sara..or maybe I did...but if I did i was just teasing you....

Drury: I dont get the long weekend. Company I work for sux!

You have plans for the weekend?

You still going on about Wed? Hmmm....

Make it a storm? WTF?

Ok, im heading out now, be home soon.

How about you mix up a picher of martinis, we can have a drink on the porch when I get home, then make mad passionate love because you missed me so much today, then I’ll BBQ some steaks.

( Ya I talk to you totally inappropritely, don’t I? sorry...but it’s fun)

Drury: Reconsidering letting me fill you with babies?

Drury: and to be honest...as well I’m looking at your pic thinking how much I want to do you...so i know that if we meet and do it I’ll feel guilty for doing someone so young, and if we don’t do it I’ll be frustrated and horny as hell,.sorry..im not trying to be a dick, dont mean to piss you off, just seems the right thing to do.

Rees: The other woman was the movie....yui will do whatever I am a big girl. If you you want your say I doyou. I’ll do you. There.

Drury: You said once that ‘ messing around just happens”...or were you planning on getting me to fuck you alll along?Or do you just like to give handjobs?

Rees: It would be fun to spend time with you.....I guess the ball in your court just tell me what we’re doing....you keep tell me your going to fill me full of babies then drop me. Yes I will do you if you want....just tell me what the plans are no more games

Drury: But don’t get me wrong..im not saying if we meet we HAVE to do anything. I’m just looking deep inside myself and realize there is a probability of wanting to do you if we meet. Was just kinda fighting myself over that. You might meet me and not be the slightest bit interested, you might think Im ‘eeewww” LOLI’m not a sex fiend or rapist. Just a horny guy. Sex always have to be mutually agreed upon...but then again...you are underage so i shouldn’t have even open up this can of worms.

Drury: Well I was teasing about the babies, or do you want an old dud to get you pregnant? LOLBut you didn’t even reply to that email. one of the ones you just ignored. So I was like ‘hell, I can’t even joke around with her”

Tell ya what...lets meet. i will keep in mind you are underage and be a respectable guy. I do like the idea of just jeeping, but I had to deal with the fact that i would be horny for you.

Wow thanks for saying you’d do me, are we actually talking open and honest finally? That’s a bold step for you. I take it you have had someone in you before?

Ya, no games, honesty is good. That’s what I have been trying to get out of you but you have been so vague.Like i said, I don’t expect sex, I wouldn’t pressure you for it. I will meet you and it will be in my head that you are underage and I will have to control my desires. If you rape me, well, then what can i say? LOL

Rees: I promise I will rape you now that we understand each other you goingtocall me a slut

Rees: I told that my dad has a friend who can do anything on fb.....so i stay off no pic no trouble he tells my dad all thebtime no pictures on fb. So are you good fit right wed at nine

Drury: Ya, against my better judgment, i guess we are on.

So what did you and sara get up to last night that kept you up so late? does she know our plans?

Rees: NO I want to be with YOU all day WED I have to show SARAH up she good I am better LOL

that’s if your ur up to old man

Drury: You got nothing to prove. I’m looking forward to a fun day with a charming , witty young lady...jeeping and sight seeing. No expectations, no pressure. Ya I was talking dirty yesterday, I apologize. The internet is stupid. You sit here and type away and forget there is a living breathing person on the other end, don’t think about how your words will affect them, so it is easy to hurt someone, or in my case be a rude pig.Especially me. I tend to haunt more ‘adult’ sites and some lady sent me a pic of her pussy and asked if I liked it. So it’s kinda hard to change hears from that to talking to you, ya dig? I do try though!!

Sometimes i am too honest. Ya you are lovely and sexy. The thought of doing it with you is thrilling. But you are 15. ( sorry to keep bashing you with that, no offence). I should have kept my horny thoughts to myself. I don’t walk up to strange women in the store and say “ wow, you make my dick hard”, so why would I say it online? Like i said, online is stupid.

Still raining? Thunderbum storm warning here. I cleaned out my jeep when I got home, used this nice cleaner that smells like leather. Then sprayed in some sort of air freshener, it mixed with the other stuff and now my jeep smells like horse cum damWill have to drive with the windows down, air it out LOL

68The document identified as Story 11, as noted, covers 40 single spaced pages. It covers the period from May 13, 2014 to August 5, 2014.

69In his evidence, Mr. Drury described the document as reflecting fantasy, not reality. He testified that it perhaps reflects some of his desires, but the document is blown out of proportion. It simply reflects the way he writes. He testified that it was written with no expectation that anyone would ever see it.

70Once again, it is not feasible or practical to reproduce all of this document. As noted earlier, it reflects some equivocation on Mr. Drury’s part as to his intentions at any point in time.

71I do not accept that it reflects only fantasy, and not reality. I have heard Mr. Drury’s evidence in that respect, and I do not accept it.

72The first part of the document reflects some activity, including sexual activity, that Mr. Drury had with a girl named “Cass.” She was 16 years of age. Mr. Drury acknowledges that Cass was a real person, and that his description of his sexual contact with Cass is generally accurate.

73I have also taken note of the fact that Mr. Drury’s reflections, as recorded in Story 11, closely track the email communications he had with Officer Rees. Those communications were real. I do not accept that his thoughts about them, as recorded in Story 11, are simply fantasies. As Mr. Drury testified, Story 11 was recorded without any expectation that anyone would ever see it. There is simply no reason to believe that it does not accurately record his thoughts at the time they were recorded.

74Some of the more salient excerpts from Story 11 are as follows:

June 7/14

it blows my mind that I barely remember meeting Cass. It was a dream come true, fucking a 16 yr old girl, and all I remember is a few brief images of her tits and pussy. The stress of driving 2 1/5 hours, sitting in the parking lot wondering if this was real or a trap, driving madly around trying to find a place to fuck, aware that our time was limited, terrified of getting caught, all really took the fun of it.

It’s Saturday and I am bouncing off the walls with my desire to fuck another young one.

But what do I do? Where do I go? There’s nothing around here. Do I drive 2 or 3 hours to the city in some vague hope of meeting someone?

June 28/14

I drove around a lot, drank 2 beers, got bored and came home.

5 p.m. now, hot as hell day, horny as hell, determined not to end up jerking off online. I need real sex!!

But none in sight other than a supposed 15 yr old who answered my ad on Craigslist. I suspect it’s a guy or maybe even the cops.

I’m too horny to think straight and rational

July 1/14

A supposed 15 year old answered my ad on Craigslist. Communication with her has been brief, spotty and vague. She sent me a pic, very hot, clothed but wow. Probably too wow. A cop?

I made it clear 15 is illegal and too young for me but that, being a people person, I’d be happy to meet her just to hang out. Actually I just want to meet her to make sure she is on the up and up and then fuck her.

July 2/14

I’m horny, I’m burnt out, I’m unhappy. I am horribly alone. My life seems to be a constant “to do” list with no pleasures. My mind is preoccupied with sex, particularly sex with a teen.

July 3/14

Living in town is just feeding my desire for young pussy. I see so many young teen girls walking past my house with their big firm tits, little shorts with ass cheeks hanging out. Most of them look so slutty,

July 6/14

Finally had a decent , long chat with Tiff, the 15 year old.

She says she has been with 4 guys but didn’t specify what they did.

Says she met a 58 yr old guy, they went parking, he whipped it out, she touched it and he came, then gave her $50.

I’m getting really horny for her, I love dirty girls, but Jesus I really don’t need to ruin my life over a teen fuck. I was a nervous wreck meeting Cass and she was legal age.

I keep telling this one over and over that I wont fuck her, she is too young, it is illegal. I keep repeating that in case it is the cops. I want it written down I said “no”. But honestly if I could meet her just to hang out and she seemed real and good to go, ya I would fuck her silly.

Jul 7/14

So it was an interesting, revealing chat with Tiff last night, a lot of emails, her experiences, she said she first got laid at 13 by her uncle’s friend. Then she said she was going for a shower and we could talk later, never came back.

I’m up for meeting her under the pretense of “just friends”, we’ll see how that goes. I want to fuck her, the pic she sent me was very nice.

July 9/14

A brief one from Tiff apologizing for not writing , she didn’t have her tablet with her, funny..when we started talking her slow replies were because her tablet wouldn’t let her reply. I am still very suspicious of this one, but she is all I have left. Maybe I should just bite the bullet and go to a youngish hooker? But that kills the fun of being with a young one , when she is a whore, not doing it because he is a dirty, horny teen.

July 11/14

Tiff says she is going the her friends cottage. In a dream world this would be a perfect opportunity for us to meet and fuck, no mom and dad around, in the woods... ya, keep dreaming. I don’t even know if she is for real or not. I do know the pic she send me looks a hell of a lot older than 15 and very sexy.

July 14/14

My desires are all sexual.

I fucked that 16 yr old girl and it was like nothing happened, only a desire for more.

Given the chance, I’ll fuck the 15 yr old I’ve been talking to.

July 18/14

it’s totally unrealistic, but I keep have fantasies of me and Tiff ( assuming her pic is real, assuming she really is a 15 yr old girl and not a cop or some fag) packing some beers and a picnik lunch and going to the mountain in Collingwood for the day, having fun, hanging out, eventually making out then fucking. God that would be amazing. But just a dream I’m afraid.

July 24/14

So Tiff and I still talk on and off. She says she really likes “hanging out” with me, really likes me. The pic she sent of her is hot. She says she is a little chubby but in the pic she is slim and sexy...and looking much older than 15.

She says she has “messed around” with a few guys, no details, says she is a “doer not a talker”.

Is this a scam? Is she weird? Or is she just a 15 yr old girl?

Part of me just doesn’t believe she is real, but I felt the same about Cass.

Part of me has a million fantasises of being alone in the woods with this hot 15 yr old and having fun with her. Part of me is aware that I might meet her, be oh so horny for her and it turns out shes just a cock tease.

Friday July 25/14

So Tiff and I have agreed to meet on August 6th. I’ll pick her up at 9 in th emoring and we’ll spend the day together. She has all kinds of plans where we can go and things to do. It sounds fun. I’m really looking forward t it.

I just hope to hell this isn’t the cops or something. But then again if it was the cops, why not agree to meet right away?

I really hope we get to fuck. She never talks sexual but did admit to jerking off that old guy.

I really need to try and not have expectations of sex.

I have toned down the sex and innuendo with Tiff and then today she asked if I tan in the nude, says she wants to meet on Wednesday because it is “ hump” day.

Hmmm

Hard to separate my paranoia from understanding that people don’t all perform to my expectations.

I look forward to meeting her but there are so many little hints that this may not be legit. Or is it just my paranoia?

I guess the best thing would be to NOT meet a 15 yr old girl.

But I am driven, I ache to see if I can fuck her.

I will be crushed and heart broken if this doesn’t turn into a sexual adventure. Worse if it turns out to be the police.

July 20/14

I lay in bed afterward and firmly told myself that this Tiff business is crazy, too dangerous just to get some young pussy. Hell I just fucked 16 yr old Cass not that long ago. Do I need to jeopardize my whole like just to fuck a 5 yr old?

This morning I was wavering on it.

When I got to work I found she had sent me 3 nice emails. But I was strong and sent her a very honest take on my fears and feelings.

Ok, let’s be honest. I sent it to assuage my mind. I can now say “ well, I tried”. I still dream of meeting her, fucking her. Mental images of us naked outdoors, me on top of her sliding my cock in her.

July 31/14

Tiff is still convinced we are going to meet next Wed, so I guess I’ll throw caution to the wind and meet her.

It was all so assured with Cass, this time is pretty vague. I have no idea what to expect, a lot of it doesn’t make sense to me, why this cute, young girl wants to meet me. But let’s look at the basics, she answered an sex ad that had a pic of my cock.

So either she want’s to get laid or she want to use my hormones as a tool to have a day of jeep riding and adventure.

Aug 1/14

My head spins with the idea of making love to her. That needs to stop. I’ll probably be lucky just to get a hand job.

It’s crazy meeting her, so dangerous, I still don’t know for sure if she is who she says she is. I could be risking so much. But that just shows how fucking lonely I am.

Aug 2/14

Foe someone who is so interested in meeting me, I don’t hear much from Tiff. I wonder how many other horny old guys she has on the leash.

I almost dread meeting her. As much as I fantasize about what might happen sexually the probable reality of it is not pleasing.

I sent Tiff:

and to be honest...as well I’m looking at your pic thinking how much I want to do you...so i know that if we meet and do it I’ll feel guilty for doing someone so young, and if we don’t do it I’ll be frustrated and horny as hell,.

sorry..im not trying to be a dick, dont mean to piss you off, just seems the right thing to do.

Because, let’s face it, what I want is guaranteed sex.

Now she either writes back that she will fuck me, or not.

I wish she’d never mailed me.

I will I’d never met Cass.

Aug 3/14

Here’s her reply, is it me or is she insinuating she wants a daddy/daughter thing?

And finally a promise of sex. Should I be thrilled or suspicious?

Well good morning I hope you slept well. Because based on your end mail you must have been very bored.....i have told you before I am a only child who enjoys hanging with both mom and dad more. And I do the girl things dad and I do the fun stuff show and shines and car stuff I love washing the car with him when your done its like amirror...yes during the week I am home alone you might say on the weekends both mom anddad. Are here they dontlike me bringing a tablet or phone they is itfamily time so the stuff stays in the bedroom...yes I do want to meet you as to what kind looking for maybesomeonelike my dad I don’t know. I don’t like to talk about sex and what I have done....If a guy talks about who he has done that’s great high fives if I tell you what I have done I am a south thestandards are different......looks like rain here today so should be around. Good day to read abook or spend time with mom maybe bake cookies what is your favorite.....we still good. I hope..yui will do whatever I am a big girl. If you you want your say I doyou. I’ll do you. There Tiff.

I am being very pointed. Asked her if she messes around with her dad or wants to. Asked her if she planned all along for us to fuck or if she just likes to give hand jobs. She ignored those questions I asked her for another pic. She said I can take all the pics I want of her and my Jeep. Hmmmm Maybe this really is the cops and they have been waiting for me to become more sexual.

May she really is hot for or fucking her dad and doesn’t want to admit it openly.

I have to keep in mind that she isn’t necessarily going to say and act the way I expect her to. I need to keep an open mind but at the same time be reality based.

It might just be as she says and not in her nature to talk about sex.

It might be that she is a cop and doesn’t want to risk being accused of entrapment and is letting me hang myself with my dirty talk and desires.

This is a dangerous game I should not be playing.

She finally replied, said she wasn’t interested in doing her dad.

I have no idea where to take it from here.

She has admitted she’d do me, do I need more?

Monday Aug 4/14

I don’t now what to think about this Tiff business. I have totally lost perspective.

I know I shouldn’t meet her, know how stupid and dangerous it is, but I’m driven.

So fucking along and bored and unhappy with life, it’s a chance for a day of fun

How pathetic is that?

Aug 5/14

Well I heard from her, we’re talking.

We are still on.

I’m so torn. Looking forward to a fun day, getting out of my rut, but at the same time terribly worried this is all a scam and I’m talking to some fag or some psycho fat old chick or something.

She tells me she is going to wear her short sorts tomorrow, she can’t wait to hug me.

Hmmm.

I really hope I’m not spending the day with some cock tease who gets off making old guys horny. How annoying that would be.

I just want a fun day.

Ya she’s cute and sexy and the thought of doing her is fun, but thoughts and reality are 2 very different thing. I don’t need the paranoia of getting caught fucking some underage girl. It was bad enough with Cass and she was legal.

75The last excerpt reproduced above is the last excerpt recorded by Mr. Drury in Story 11.

76Mr. Raftery submits that that excerpt, being the last one, makes it clear that Mr. Drury’s intention in meeting Tiffany Creechan was not to have sex, but simply to drive around with her and have a good time. With respect, I disagree.

77The entire document makes it clear, in my view, that Mr. Drury’s underlying intention was to have sex with the person with whom he was communicating. While he may have equivocated on whether it was a good idea, whether his interlocutor was really who she said she was, or whether sex might not occur, nevertheless his intention was to make it possible to have sex. The purpose of the communications was to facilitate that possibility.

78The entire tenor and purpose of the communications, in my view, was to advance the relationship to the point that sex might occur. The communications themselves invited more communication. Sex is hinted at, and expressly suggested. Inquiries are made as to the sexual exploits of the interlocutor. The hope and intention to engage in sex is made clear in Story 11.

79When positive encouragement is forthcoming from the interlocutor, it is not shut down; rather, it is pursued. The following exchange is crystal clear:

Drury: I do like the idea of just jeeping, but I had to deal with the fact that i would be horny for you. Wow thanks for saying you’d do me, are we actually talking open and honest finally? That’s a bold step for you. I take it you have had someone in you before? Ya, no games, honesty is good. That’s what I have been trying to get out of you but you have been so vague. Like i said, I don’t expect sex, I wouldn’t pressure you for it. I will meet you and it will be in my head that you are underage and I will have to control my desires. If you rape me, well, then what can I say? LOL

Rees: I promise I will rape you now that we understand each other you going to call me a slut.

80In this exchange, Mr. Drury confirms that he accepts the interlocutor is underage, that he wants sex, and that if the interlocutor rapes him, “well, then what can I say?” The response from the interlocutor is “I promise I will rape you.” In the context of all of the communications, it is clear that Mr. Drury’s intention is to facilitate sexual contact with a person under 16 years of age.

81While Mr. Drury, as noted earlier, suggested in some of his communications that the interlocutor, being underage, was too young for him to have sex with, his real intentions are made clear in Story 11. The following excerpts are germane:

“I made it clear 15 is illegal and too young for me but that, being a people person, I’d be happy to meet her just to hang out. Actually I just want to meet her to make sure she is on the up and up and then fuck her.”

“I keep telling this one over and over that I wont fuck her, she is too young, it is illegal. I keep repeating that in case it is the cops. I want it written down I said “no”. But honestly if I could meet her just to hang out and she seemed real and good to go, ya I would fuck her silly.”

“Given the chance, I’ll fuck the 15 yr old I’ve been talking to.”

82The sexually explicit material forwarded by Mr. Drury as part of his communications was in aid of his objective to have sex with the person with whom he was communicating. When considered in the context of all the other communications, this is beyond doubt.

83Based on all the evidence, I am satisfied beyond a reasonable doubt that Mr. Drury did not take reasonable steps to ascertain the true age of the person with whom he was communicating. Accordingly, he cannot rely on the defence that he believed the person with whom he was communicating was over 16 years of age. He was advised that that person was aged 15. For the purpose of the relevant provisions of the Code, that constitutes proof that Mr. Drury believed that the person was under age 16, in the absence of evidence to the contrary. There is no evidence to the contrary as contemplated in the relevant statutory provisions. Indeed, it is clear from Story 11 that Mr. Drury either believed the person was under age 16, or at best was not sure. If he was not sure, it was because he had not taken reasonable steps to ascertain the interlocutor’s true age.

84For the foregoing reasons, I find Mr. Drury guilty on all three counts.

Gray J.