Canadian Criminal Sentencing/Offences/Bestiality

Bestiality
Bestiality
	s. 160 of the Crim. Code
Election / Plea
Crown Election	Hybrid
Jurisdiction	Prov. Court ; SC Judge + PI (I) ; SC Jury + PI (I) (536(2))
Summary Dispositions
Avail. Disp.	Discharge (730); Suspended Sentence (731(1)(a)); Fine (734); Fine + Probation (731(1)(b)); Jail (718.3, 787); Jail + Probation (731(1)(b)); Jail + Fine (734); Conditional Sentence (742.1)
Maximum	6 months jail or $5,000 fine
Indictable Dispositions
Avail. Disp.	Discharge (730); Suspended Sentence (731(1)(a)); Fine (734); Fine + Probation (731(1)(b)); Jail (718.3, 787); Jail + Probation (731(1)(b)); Jail + Fine (734); Conditional Sentence (742.1);
Maximum	10 years jail
References
	Offence Elements ; Sentence Principles ; Sentence Digests;
Comments
	DNA Primary designated offence; SOIRA designated offence
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Legislation

Bestiality
160. (1) Every person who commits bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
Compelling the commission of bestiality
(2) Every person who compels another to commit bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
Bestiality in presence of or by child
(3) Despite subsection (1), every person who commits bestiality in the presence of a person under the age of 16 years, or who incites a person under the age of 16 years to commit bestiality,

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 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 six months.

R.S., 1985, c. C-46, s. 160; R.S., 1985, c. 19 (3rd Supp.), s. 3; 2008, c. 6, s. 54; 2012, c. 1, s. 15.

– CCC

Application

For general principles on sentence for sexual offences, see Sexual Offences

Principles

Factors

Ancillary Orders

Ranges

R. v. L.M.R., 2010 ABCA 286 (CanLII) - 1 year - a very young child who had her vagina licked by a dog
R. v. Black, 2007 SKPC 46 (CanLII), 296 Sask.R. 289 - 1 year - also sentenced for child sex offences and making CP for a total of 4 years. Offender recorded a woman having her genitals licked by a dog and stimulated the dog. He had limited cognitive ability and had paedophilic character.
R. v. J.J.B.B. 2007 BCPC 426 - 15 months - Over a period of time, the offender sexually abused his niece aged 3 to 5. At three different times he recorded two dogs licking her genitals.
R. v. Gibbon, 2005 BCSC 935 -- 2 years -- also sentenced for possession and distribution of child porn (2 years), and sexual assault -- found to be a Dangerous Offender
R. v. Pye, 2005 BCPC 355 (CanLII) - 2 years - offender had sex with dog in public

History

On August 9, 2012, section 160(3) was amended to increase the penalties from a hybrid offence with no minimums to a hybrid offence with minimums of 6 months on summary conviction and 1 year on indictable election. The maximum on the summary election was increased to 2 years less a day.