R. v. J.B.B.

(Cochrane P.C. - Indecent Act). JBB was charged with indecent act arising from an event that happened during a treatment appointment. JBB did not have a prior criminal record. Section 173(1) of the Criminal Code of Canada defines "Indecent Act" as "everyone who wilfully does an indecent act in a public place or in the presence of one or more persons, or in any place with intent to insult or offend any person...".  This charge can be prosecuted either summarily or by indictment. Indecent act is not one of the more serious offences because it carries only a maximum sentence of 2 years if prosecuted by indictment. Though it is not as serious as many offences in the Criminal Code, it can carry sexual offender registry consequences. 

In this case, the Crown had quite a strong case that, after trial, could have exposed the accused to embarrassing evidence.  In this case, it was in the accused's interest to manage the case without a trial. The Crown sought a probationary sentence. The Defence sought a conditional discharge.  In the end, the Court agreed not to impose a permanent criminal record and imposed a conditional discharge with terms for counselling. 

The best Calgary criminal lawyers are prepared to run trials but also know to argue sentencing. Your criminal defence lawyer should be prepared to examine all of the options to resolve your case. When the case cannot be resolved without a criminal record and trial is not an option, it is important to consider arguing for the best sentencing option. The advantage to a guilty plea is that the accused can get the benefit of an "early guilty plea" and remorse. This is a powerful mitigation tool.