PROVINCIAL Court of Nova Scotia
Citation: R. v. Mercer, 2017 NSPC 20
Date: 20170424
Docket: Syd 2906851
Registry: Sydney
Between:
Her Majesty the Queen
v.
John Russell Mercer
Library Heading
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Judge: |
The Honourable Judge Brian Williston
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Heard: |
April 10, 2017 in Sydney, Nova Scotia |
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Written Decision: |
April 24, 2017 |
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Subject: |
Charter Application and Sentencing under Section 286.1(1) of the Criminal Code of Canada |
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Summary: |
Sentencing of accused who plead guilty to offence of communication with a person for purpose of obtaining for consideration sexual services. |
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Issues:
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Constitutional Law – Canadian Charter of Rights and Freedoms – Protection against cruel and unusual punishment - Mr. Mercer argued that the mandatory minimum fine of $500 was grossly disproportionate and violated s.12 of the Charter. |
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Result: |
The Court held that the minimum sentence provision in s.286.1(1) (b) was not grossly disproportionate and did not violate s.12 of the Canadian Charter of Rights and Freedoms. The mandatory minimum fine of $500 was imposed.
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